Loading...
HomeMy WebLinkAbout2010-12-13-Meeting Agenda Engineering Services Committee Meeting Commission Chamber- 12/13/2010- 1:10 PM ENGINEERING SERVICES 1. Motion to approve award of RFP #10-160, Landscape Maintenance Services for the Solid Waste Facility. (Approved by Engineering Services Committee November 29, 2010) (Referred from December 7 Commission meeting) Attachments 2. Approve the Guaranteed Maximum Price (GMP) submitted by the Construction Manager (RW Allen) for TEE Center Construction in the amount of $27,900,000. Attachments 3. Approve the recommendation to construct an Inmate Intake Facility as the Phase II expansion to the Charles B. Webster Detention Center. Attachments 4. Discuss a request from the Medical College of Georgia regarding the closure of Laney Walker Blvd. from 15th to 13 Streets. (Requested by Commissioner Grantham) Attachments 5. Approve and authorize AED to prepare and submit a project proposal to GAEPD (Georgia Environmental Protection Division) to receive financial assistance through the Section 319 Water Quality grant program. Attachments 6. Approve Capital Project Budget Change Number Six and Change Order Number Two in the amount of $168,450.70 with Mabus Brothers Construction, Inc. for the Morgan Road Improvements Project CPB 323- 041110-296823665. This Change Order is for services associated with additional work to complete the existing water system upgrades as well as select backfill used during construction of the new sewer main on the Morgan Road project as requested by AED. Funding is available in SPLOST Phase IV Utilities Projects recapture account. Attachments 7. Motion to approve Outdoor Landscape Watering Ordinance and to waive second reading. Attachments 8. Motion to approve Solid Waste Contract Extensions to Solid Waste Collection Contract No. 06-001 for the year 2011. Attachments 9. Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement for 60106 – Butler Creek Interceptor Upgrade, West. PIN: 094-0-376-00- Attachments www.augustaga.gov 0. Address: 3232 Amanda Circle. 10. Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent easement and temporary easement for the Marvin Griffin Road Improvement Project, (Parcel 134-0-007-00-0) 1616 Marvin Griffin Road. Attachments 11. Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent easement and temporary easement for the Marvin Griffin Road Improvement Project, (Parcel 134-0-005-00-0) 3464 Mike Padgett Highway. Attachments 12. Approve addition of 2 levels to the existing design for the Reynolds Street Parking Deck. Attachments 13. Approve $2,303,729.00 in additional funding for the Augusta, Georgia Sheriff’s Office Building from cost savings realized on the Augusta Judicial Center. Attachments 14. Discuss traffic signal at Jimmie Dyess Parkway and Franklin Avenue. (Requested by Commissioner Grantham) Attachments Engineering Services Committee Meeting 12/13/2010 1:10 PM Approve award of RFP #10-160, Landscape Maintenance Services for the Solid Waste Facility Department:Solid Waste Caption:Motion to approve award of RFP #10-160, Landscape Maintenance Services for the Solid Waste Facility. (Approved by Engineering Services Committee November 29, 2010) (Referred from December 7 Commission meeting) Background:The Solid Waste Facility has undergone several major improvements to the grounds of the property over the past year. From landscaping the front entrance and coming in past the Scale house to the grounds around the new maintenance building. These areas are landscaped with sod and various types of trees and shrubs. It will be necessary to retain the services of a professional landscape maintenance service to maintain these areas of our facility. Analysis:The Augusta Solid Waste Department and the Procurement Department have concluded the RFP process for RFP Item #10-160, Landscape Maintenance Services for the Solid Waste Facility. After the review of the two compliant vendors, CSRA Landscaping, Inc. has met all the specified requirements of the RFP documents without taking any exceptions and within the allocated budget amount. It is the opinion of the Augusta Solid Waste Department that, CSRA Landscaping, Inc. with a bid of $26,400.00 per year, should be awarded the contract as best bid. Financial Impact:The cost of this program will be $26,400 per year. The department budgeted these funds starting in January 2011 from 542-04-4110/5222410. Alternatives:1. Approve award of RFP #10-160, Landscape Maintenance Services for the Solid Waste Facility to CSRA Landscaping, Inc. 2. Do not approve the award. Recommendation:Approve award of RFP #10-160, Landscape Maintenance Services for the Solid Waste Facility to CSRA Landscaping, Inc. Funds are Available in the Following Accounts: Adequate funds are budgeted starting in January 2011. Funds will be from 542-04- 4110/5222410. REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 1 Attachment number 1 Page 1 of 4 Item # 1 Attachment number 1 Page 2 of 4 Item # 1 Attachment number 1 Page 3 of 4 Item # 1 Attachment number 1 Page 4 of 4 Item # 1 REQUEST FOR PROPOSALS Request for Proposals will be received at this office until Thursday, September 9, 2010 @ 11:00 A.M. for furnishing: RFP ITEM #10-160 Landscape Maintenance Services for Solid Waste Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Proposal Conference will be held on Friday, August 20, 2010 @ 2:00 p.m. in the Procurement Department – Room 605. All questions must be submitted in writing to the office of the Procurement Department by Tuesday, August 24, 2010 @ 5:00 P.M. by fax at 706-821-2811 or by mail. No RFP will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFP number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program but rather pursuant to its code of ordinances, this local government operates instead a Local Small Business Opportunity Program. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 29, August 5, 12, 19, 2010 Metro Courier August 4, 2010 cc: Tameka Allen Interim Deputy Administrator Mark Johnson Solid Waste Lori Videtto Solid Waste Attachment number 2 Page 1 of 1 Item # 1 Ve n d o r s : Da v i s L a w n C a r e 31 6 U n C o u r t , S t e 2 Gr o v e t o w n , G A 30 8 1 3 Tr u G r e e n 11 0 S h o r t c u t R o a d No r t h A u g u s t a , S C 29 8 6 0 Pr e s c o t t I n d u s t r i e s 24 0 4 O l d S a v a n n a h Ro a d Au g u s t a , G A 3 0 9 0 1 Be t w e e n T h e E d g e s La w n c a r e 10 1 2 W h e e l e r L a n e Au g u s t a , G A 3 0 9 0 9 CS R A L a n d s c a p i n g 22 3 2 A P e a c h O r c h a r d Au g u s t a , G A 3 0 9 0 6 An d y W a t s o n 44 4 7 S h a d o w o o d Au g u s t a , G A 3 0 9 0 7 At t a c h m e n t B Mi s s i n g P a g e s Ye s Y e s Bi d d e r ' s F o r m / Ac k n o w l e d g e m e n t of A d d e n d a Ye s Ye s Y e s Or i g i n a l Ye s Ye s Y e s Si x C o p i e s Ye s Ye s Y e s Pr o p o s a l F o r m No n - Co m p l i a n t Ye s Y e s N o R e s p o n s e RF P I t e m # 1 0 - 1 6 0 La n d s c a p e M a i n t e n a n c e S e r v i c e s Fo r t h e C i t y o f A u g u s t a - S o l i d W a s t e D e p a r t m e n t Bi d O p e n i n g D a t e : T h u r s d a y , S e p t e m b e r 9 , 2 0 1 0 a t 1 1 : 0 0 a . m. Pa g e 1 o f 1 Attachment number 3 Page 1 of 1 Item # 1 Attachment number 4 Page 1 of 1 Item # 1 Attachment number 5 Page 1 of 1 Item # 1 Evaluation Criteria PTS Between The Edges Lawncare 1012 Wheeler Lane Augusta, GA 30909 CSRA Landscaping 2232A Peach Orchard Augusta, GA 30906 1. Qualifications of Company – to include relevant projects 30 0.0 5.0 2. Qualifications of Key Personnel that will actually be assigned and directly involved and responsible throughout the duration of the Project. 20 0.0 0.0 3. Work Plan and Overall Service Schedule 30 0.0 13.3 4. References (include specific individuals with addresses and telephone numbers)10 0.0 8.3 5. Proximity to Augusta Within Augusta Richmond County - 5 pts Within the CSRA - 4 pts Within Georgia - 3 pts Within SE United States (includes AL, TN, NC, FL) - 2 pts All Others - 1pt 5 5.0 5.0 6. Proposal Fee (5 points) Lowest - 5 pts. Second - 4 pts. Third - 3 pts. Fourth - 2 pts Highest - 1 pts. 5 5.0 4.0 TOTAL 100 10.0 35.7 Cumulative Evaluation Sheet - RFP Item #10-160 Landscape Maintenance Services For the City of Augusta - Solid Waste Department Wednesday, September 22, 2010 @ 4:00 p.m. Attachment number 6 Page 1 of 1 Item # 1 Attachment number 7 Page 1 of 3 Item # 1 Attachment number 7 Page 2 of 3 Item # 1 Attachment number 7 Page 3 of 3 Item # 1 Attachment number 8 Page 1 of 2 Item # 1 Attachment number 8 Page 2 of 2 Item # 1 Engineering Services Committee Meeting 12/13/2010 1:10 PM Approve the GMP for TEE Center Construction Department:Public Services Department - Facilities Management Division Caption:Approve the Guaranteed Maximum Price (GMP) submitted by the Construction Manager (RW Allen) for TEE Center Construction in the amount of $27,900,000. Background:RW Allen, LLC (RWA) was selected under RFQ 10-039 as the TEE Center project’s Construction Manager at Risk for the Augusta TEE Center project by the Augusta Commission on January 19, 2010. A purchase order was issued to RW Allen, LLC on April 20, 2010 for the amount of their general conditions, construction fee and preconstruction fee . Analysis:The proposed monetary modification is required due to bringing the project to a final guaranteed maximum price. Supporting Documentation is Pending. Financial Impact:Guaranteed Maximum Price: $27,900,000 Alternatives:1) Approve the Guaranteed Maximum Price (GMP) submitted by the Construction Manager(RW Allen) for TEE Center Construction in the amount of $27,900,000. 2) Reject the GMP submitted by RW Allen. Recommendation:#1. Approve the Guaranteed Maximum Price (GMP) submitted by the Construction Manager (RW Allen) for TEE Center Construction in the amount of $27,900,000. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: SPLOST funding for TEE Center REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 2 Attachment number 1 Page 1 of 2 Item # 2 Attachment number 1 Page 2 of 2 Item # 2 Engineering Services Committee Meeting 12/13/2010 1:10 PM CBWDC Expansion Recommendation Department:Public Services Department - Facilities Management Division Caption:Approve the recommendation to construct an Inmate Intake Facility as the Phase II expansion to the Charles B. Webster Detention Center. Background:A preliminary look at the trends in the Detention Center population indicated that an additional Housing Pod for the Webster Detention Center may not be the most efficient option for Phase II. Building an Intake Facility at the Webster Detention Center site would allow the County to move this operation from the facility on Walton Way emptying that building. Heery International was asked to conduct a study to investigate whether or not it was feasible to construct an Inmate Intake Facility as Phase II of the Webster Detention Center in lieu of an additional Housing Pod. Analysis:The addition of an additional housing pod at the Webster Detention Center is not priority at this time, given the trends in inmate population. Building an Inmate Intake Facility at the Webster Detention Center site would allow the County to move this operation away from the facility on Walton Way. With the Sheriff’s Office moving into their new facility, this would empty the building on Walton Way, freeing up the county’s resources. Financial Impact: Alternatives:1) Approve the recommendation to construct an Inmate Intake Facility as the Phase II expansion to the Charles B. Webster Detention Center. 2) Reject the recommendation to construct an Inmate Intake Facility as the Phase II expansion to the Charles B. Webster Detention Center. Recommendation:#1. Approve the recommendation to construct an Inmate Intake Facility as Phase II expansion to the Charles B. Webster Detention Center. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: SPLOST VI REVIEWED AND APPROVED BY: Finance. Procurement. Cover Memo Item # 3 Law. Administrator. Clerk of Commission Cover Memo Item # 3 Engineering Services Committee Meeting 12/13/2010 1:10 PM Closure of Laney Walker Blvd. from 15th to 13th Streets Department:Clerk of Commission Caption:Discuss a request from the Medical College of Georgia regarding the closure of Laney Walker Blvd. from 15th to 13 Streets. (Requested by Commissioner Grantham) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 4 Engineering Services Committee Meeting 12/13/2010 1:10 PM GAEPD 319(h) Grant Application-Wetlands Assessment Funding Department:Engineering Caption:Approve and authorize AED to prepare and submit a project proposal to GAEPD (Georgia Environmental Protection Division) to receive financial assistance through the Section 319 Water Quality grant program. Background:GAEPD recently announced the availability of funds through the Section 319 Water Quality Grant Program. These funds will finance activities that identify and implement projects focused on the reduction of prioritized risks and concerns within the community, such as source assessment and control of fecal coliform load within the EPA’s listed impaired water bodies of Augusta, Georgia. Analysis:Presently there are three (3) Augusta creeks listed as impaired water bodies, which do not support their designated use. The pollutant of concern is fecal coliform (FC). Under the Stormwater Management Permitting Program, EPA/GAEPD is requiring localities to develop and implement programs that will reduce FC load in impaired watersheds. If awarded this grant, AED will utilize funds to support this program. AED will offer in-kind matching funds such as staff time and earthmoving equipment to satisfy matching non- federal fund requirements. Financial Impact:Grant amount is $518,950: 57% federal funds ($293,450), and 43% matching non-federal funds ($225,500). Matching non-federal funds are in- kind and approximately $115,000 will be provided by the Public Services- Maintenance Division, $45,000 by the Recreation Department, and the remaining $65,000 by the Engineering Department. Alternatives:Approve and authorize AED to prepare and submit a project proposal to GAEPD to receive financial assistance through the Section 319(h) Water Quality grant program. Recommendation:Approve and authorize AED to prepare and submit a project proposal to GAEPD to receive financial assistance through the Section 319(h) Water Quality grant program. Funds are Available in the Following Accounts: $225,000 in-kind over a three year period Cover Memo Item # 5 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 Section 319(h) FY2011 Grant Application: Workplan Format General Instructions: All applicants must complete the application form provided and include complete, concise responses to the project requirement/criteria. Applications must be prepared on 8.5’ x 11’ white paper, printed on both sides. Text must be typed, single-spaced and in 12-point normal font. All pages must be numbered and must NOT be bound by staples. Facsimiles and e-mail submissions will NOT be accepted. Submission packet must include TWO original hard copies and ONE digital copy saved to a CD in Microsoft Word. Please include any and all maps, pictures and attachments (if applicable) on the CD. Send application package to: Section 319(h) FY2011 Grant Application ATTN: Julie Montaigne NonPoint Source Program Watershed Protection Branch 4220 International Parkway Suite 101 Atlanta, GA 30354 Please do not process this dPlease do not process this dPlease do not process this dPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For ocument. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For ocument. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For ocument. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks Attachment number 1 Page 1 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 1 Section 319(h) FY2011 Grant Proposal Project Cover Page Project Title: Urban Wetland Development for Stream Health Lead Organization: _______Augusta - Richmond County, GA_______ Lead Contact: ___Garrett Weiss_______________ Date met with GAEPD NonPoint Source Program Staff: __10/21/2010__ 1. Is this project developing a new TMDL Implementation Plan / Watershed Improvement Plan, Watershed Restoration Action Strategy, or other Watershed Management Plan? YES ___ NO __√___ 2. Is this project revising an existing TMDL Implementation Plan / Watershed Improvement Plan, Watershed Restoration Action Strategy, or other Watershed Management Plan to meet USEPA’s Nine Key Elements of Watershed Planning? YES ____ NO__√___ 3. Is this project implementing a TMDL Implementation Plan / Watershed Improvement Plan, Watershed Restoration Action Strategy, or other Watershed Management Plan? YES_____ NO___√____ 4. For watershed projects, what is the project area size? One HUC-10 or Smaller _√__ Two HUC-10’s ___ One HUC-8 ___ Larger than a HUC-8 ___ 5. Please indicate which ONE category best fits the primary objectives and activities of the project, use Table 3, page 34 to determine: BMP Demonstration √ Restoration/Protection/Prevention Education/Information Technical Assistance Regulatory/Enforcement Activities Planning Activities Water Quality/Assessment/Monitoring 5. If applicant is a local government, does the lead organization have Qualified Local Government Status in compliance with the requirements of the Georgia Planning Act of 1989 and Service Delivery Strategy Law of 1997? YES _√__ NO _____ 6. Is the project applicant a WaterFirst community and will the project be taking place within the WaterFirst community? YES ____ NO __√__ 7. Should the enclosed application not be approved for Section 319(h) grant funds, would you be interested in applying for a GEFA low-cost loan under the nonpoint source provisions to implement this project? YES ____ NO __√___ Attachment number 1 Page 2 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 2 Section 319(h) FY2011 Grant Project Description 1. Project Title: Urban Wetland Development for Stream Health 2. Lead Organization: Name: Augusta – Richmond County Engineering Dept. Address: 522 Greene St. Address2: City, GA zip: Augusta, GA, 30901 Phone: 706-821-1706 Fax: 706-821-1708 Primary Contact: Name: Garrett D. Weiss, PG, CFM, CPSWQ Title: Stormwater & Environmental Section Manager Organization: Augusta Engineering Dept. Address: 522 Greene Street Address2: City, GA zip: Augusta, GA 30901 Phone: 706-796-5065 Fax: 706-821-1708 E-mail: gweiss@augustaga.gov 3. Project Background: Wetlands have been shown to be a valuable component of our water resource network, and their protection and restoration in many areas has led to noteworthy improvements in water quality. The utility of wetland filtration has taken many forms, from protection or restoration of natural wetlands to the design and implementation of highly specialized constructed wetlands that emphasize specific wetland capabilities such as nitrification/de- nitrification. Loss of wetlands, especially smaller wetlands, has been a typical result of urban development. However, in some cases, wetland areas have persisted or developed within urban areas. Such is the case in southeast Augusta, GA, particularly at the toe of high-slope drainage areas. These sites display the general form of a palustrine slope wetland driven by a combination of intermittent surface flows and a baseflow of groundwater emerging due to the significant change in slope. These small wetland areas are likely providing various water quantity and quality benefits including peak flow attenuation, flood prevention, nutrient, temperature, and pH management, and reductions in suspended sediment, organic chemicals and pathogens. In addition, urban wetlands such as this provide numerous ancillary benefits including critical habitat for flora and fauna, recreational and educational opportunities, and aesthetic green space. Of particular importance to this project is the documented ability of wetlands to reduce fecal bacteria counts (90% to 99% reductions) and suspended sediment (mean reduction of 68%) (Kadlec & Wallace, 2009). One of these existing wetlands is located within the Oates Creek watershed, which is not currently listed on either the 305(b) or 303(d) lists. The Oates Creek watershed is located northeast of and adjacent to the Rocky Creek watershed, which is then directly northeast of the Butler Creek watershed (Fig 1). Both of these streams are listed on the 303(d) list as not attaining their designated use of fishing based on fecal coliform concentration and/or poor or Attachment number 1 Page 3 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 3 very poor macroinvertebrate bioassesment. Sediment is often a contributor to macroinvertebrate stress along with extreme pH, toxins, nutrients, and elevated temperatures (Benham et al., 2009), all of which are commonly associated with urban stormwater. While this existing wetland may already be providing some benefit to Oates Creek, there are many topographically similar areas within and adjacent to this watershed where similar wetlands may have existed, but that are not currently benefiting from such filtration. Figure 1. Location of Oates, Rocky and Butler Creek Watersheds in Richmond County, Ga Of particular interest are similar toe-of-slope areas in the watershed which are currently in use as dry detention ponds with varying rates of functionality. While some of these ponds are providing peak flow attenuation and flood mitigation, some have obstructed outlets and undesirably high normal water levels. In either case they are less able to provide water quality benefits and can be a significant management burden for the municipality to keep them in functional condition. While there are other retrofit options available that may improve water quality and decrease management needs such as wet retention ponds (the practical current condition for some with obstructed outlets), these options may not continue to provide the same level of flow attenuation and flood prevention. Also, while wetland mitigation efforts have historically had low success rates in creating functioning wetlands in areas that are historical uplands, this success rate is much higher in areas that were previously wetland. The occurrence of existing wetlands in the area, paired with critical site selection based on proper hydrology gives good indication of success for further wetland development. The site selection process will also draw upon prior work by Augusta- Richmond County including a TMDL Implementation Plan (ARC, 2009a) and Bacterial Source Tracking Study (ARC, 2009b) for the Butler and Rocky Creek watersheds. Specifically, this study indicated that bacterial concentrations in both streams increased largely during storm events, indicating a likely source relationship with stormwater that could be treated by wetlands. These studies also provided some spatial data on critical contributing areas that can assist in site selection. This spatial data will be expanded in this study through sub-division and traditional sampling in high-contribution areas identified in the Implementation Plan study and also through a unique approach to fecal coliform source detection. This unique approach will rely upon mosquito trapping to identify areas where a particular species of mosquito (Culex quinquefasciatus), known to be uniquely tolerant of waters with high fecal contamination (Burke, et al. 2010), is dominant. Although the full Attachment number 1 Page 4 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 4 development of wetland function has been demonstrated to take longer than the available scope of this grant opportunity, monitoring efforts within the given time period will be able to track the initial development of wetland functions and further monitoring by Augusta – Richmond County beyond the length of this grant will be necessary to capture the full development of the wetlands and their maximum benefit to water quality in Rocky and Butler Creeks. 4. Project Objectives: 1) Decrease microbial pathogen concentrations measured by fecal indicator bacteria in Rocky Creek and Butler Creek in keeping with the recommendations of the TMDL reports through decreases in stormwater contributions and increase in in-stream bacterial mortality through improvements of overall stream health and biodiversity 2) Reduce stress on biological macroinvertebrate populations and improve bioassesment status and overall stream health through treatment of stormwater (TSS, nutrients, pH, temperature, toxics). 3) Highlight the functionality and water quality value of existing palustrine slope wetlands occurring in the urban landscape 4) Restore similar government-owned, toe-of-slope areas currently in use as dry detention ponds to functioning wetlands by recreating the conditions seen in the existing wetland 5) Compare the water quality treatment performance of the restored wetland sites to the existing (reference) wetland site and to unconverted dry detention ponds 5. Specific Project Activities: • Assessment of the existing wetland including: 1) surface, groundwater, and evapotranspiration hydrology; 2) flora and fauna biological survey; 3) hydric soil delineation • Water quality monitoring at the existing wetland and at detention ponds that are candidates for wetland development specifically including sediment load and pathogen indicators; In addition, mosquito sampling correlated to waters with fecal contamination will be used to identify the best candidates • Sub-watershed traditional sampling to identify critical areas to focus wetland development • Targeted BMP monitoring pre- and post-wetland development to determine water quality benefits (TSS, nutrients, pH, temperature, toxics) • Pre- and post-wetland development monitoring of problem fauna such as mosquitoes and snakes to address public concerns with urban wetlands • Pathogen Indicator and macroinvertebrate bioassesment directly downstream of selected wetland development sites throughout the study to assess benefits to 303(d) impairments and overall stream health • Wetland development activities including: 1) assessment of current hydrology at detention pond sites; 2) soil assessments at detention pond sites; 3) potential alteration of hydrology by either soil removal or adjustment of drainage structures; 4) augmentation of soils with organic material to stimulate hydric soil and wetland development; 5) introduction of microtopography into development sites; 6) removal of dominant or invasive flora, and 7) establishment of a diverse community of wetland flora based on established literature and assessment of flora at the existing wetland. • Continued monitoring of wetland development (hydrology, soils, flora, fauna) Attachment number 1 Page 5 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 5 • Educational outreach through signage, community events, K-12 projects and field trips, undergraduate research opportunities, website postings, and eventually public recreational access to the sites. 6. Roles and Responsibilities of Participating Organizations: The implementation of this grant will be through a partnership between the city of Augusta and a 501(c) (3) non-profit organization Southeastern Natural Sciences Academy (SNSA) of Augusta, GA. Organization Responsibilities Augusta – Richmond County, GA project oversight, land management, provision of equipment for monitoring and construction activities, access to sites, and long term ownership of the wetland sites Southeastern Natural Sciences Academy (SNSA) additional technical expertise, monitoring work, laboratory analysis for water quality samples, data analysis, site selection activities, and wetland development design activities Adopt-A-Stream (AAS) benthic macroinvertebrate monitoring activities 7. Specific Outputs: • Best Management Practices: a. Description: 0911 Urban Stormwater Wetland b. Load Reductions: N/A c. Wetlands: Protected (5-10); Restored (5-10) d. Streambank Stabilization: N/A • Monitoring: For specific outputs that include monitoring and Quality Assurance Program Plan (QAPP) procedures or Sampling Quality Assurance Plan (SQAP) Procedures, please check the following information as applicable: a. Monitoring Goal: Pollution source assessment BMP effectiveness 305(b)/303(d) List of Waters assessment b. Monitoring Type: Biological (i.e. bacteria) Chemical/Physical (i.e. DO, pH, conductivity, etc.) Habitat (i.e. macroinvertebrate, fish IBI, habitat assessments) Sediment (i.e. turbitity, TSS, macroinvertebrate, fish IBI) List all parameters to be monitored for (See FY2011 Grant Guidelines Table 1) __ Fecal Coliform,_E.coli,_pH_Sedimentation/Siltation_Temperature_Toxics________ Attachment number 1 Page 6 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 6 c. Expected Monitoring Design: Briefly describe the expected monitoring design. Include information such as expected number of samples, monitoring locations relative to BMPs (upstream and/or downstream), timeline and stream names. Existing Wetland Assessment Hydrologic monitoring will include groups of nested piezometers to measure groundwater flux into the wetland and to estimate evapotranspiration through diurnal fluctuation in groundwater with continuous data water level loggers. Water level loggers will also be included at the surface water outlet of the wetland and on major surface water inlets to complete the water budget. Water quality data including dissolved oxygen, pH, temperature, conductivity, TN, TP, TSS, and fecal coliform will be taken from groundwater and surface water inlets and outlets. Approximately 5 samples, each composited over several hours, will be taken each month for each constituent dependent on rainfall events. Biological survey will include transect studies of vegetation as well as herpetological and fish surveys through use of drift fences including funnel traps and pitfall traps, minnow traps, hoop nets, seine nets, and auditory surveys. Spatial Source Identification Source identification in this study will take two approaches. One approach consists of monitoring the various tributaries of Butler and Rocky Creek through geometric mean of a minimum of 4 concurrent grab samples at least 24 hours apart and working upstream to identify highest contributing areas. This process was started through the TMDL Implementation plan work done by Augusta-Richmond County by identifying high-contribution subwatersheds which can now be divided into various tributaries. Another approach will involve spatial data associated with mosquito breeding habitat. Critical locations will be identified through existing mosquito management data, household surveys to determine areas with high numbers of mosquitoes, and survey-targeted trapping to identify areas where Culex quinquefasciatus is dominant. This dominance will provide indication of fecal contamination and can be compared against tributary sampling. Combining results from both methods, the highest contributing areas will then be a focus for potential wetland sites. Potential Wetland Site Assessment Assessment for these sites will take the same form as the existing sites, though the biological survey methods may be truncated due to a lack of continuous pools. This assessment will include all of the same hydrologic methods with continuous data as the existing wetland assessment as well as the same water quality monitoring for surface water during storm events and for any groundwater contribution to surface hydrology if present. BMP Monitoring To develop an understanding of the contribution of the wetland conversion to water quality treatment, pre- and post-wetland conversion data will be collected for each site along with water quality treatment data for the existing wetland and an unconverted dry detention pond. Data will include both baseflow (if applicable) and storm-event sampling. Samples will be taken from groundwater, surface water inflow, and surface water outflows. Storm-event sampling will be temporally integrated and include at least 5 samples. Sampling constituents will include Attachment number 1 Page 7 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 7 dissolved oxygen, pH, temperature, conductivity, nitrogen, phosphorus, TSS, and fecal coliform. Some toxics will be monitored as well for the BMP and the existing wetland, but with only 2 samples per year (winter, summer) at each site. TMDL Monitoring To directly address improvements to the health of Rocky and/or Butler Creeks pertinent to the previous TMDL report, E. coli sampling and macroinvertebrate sampling will occur directly downstream of the wetland development sites. E. coli sampling will take place with geometric means taken from a minimum of 5 data points each month at least 24 hours apart quarterly throughout the study. Macroinvertebrate and general stream health will be monitored with Adopt-A-Stream methods completed quarterly throughout the study. • Products: In addition to SQAP and the semi-annual and final reports, the project will incorporate results into the TMDL implementation plan, provide educational materials (signage, pamphlets), BMP effectiveness assessment information for regulators on a range of water quality constituents, an assessment of fecal contamination “hot spots” beneficial to local regulators, cutting edge science on a new potential method for identifying these fecal contamination locations (potential journal articles), access to monitoring data and reports, and several acres of new water quality BMP for the Augusta-Richmond County community. • Semi-Annual Reports: Semi-annual progress reports (one hard copy and one electronic copy) will be submitted each February 28 and August 31 for inclusion in the USEPA Grants Reporting and Tracking System. • Final Close-Out Report: A Final Closeout Report (two hard copies and one electronic copy) will be submitted to GAEPD and USEPA for review and approval. 8. Measures of Success: Load reductions in pathogens leaving the sites through wetland functions (>50% improvement in E. coli treatment compared to detention ponds) Improvement of stream health downstream of wetland development projects measured through fecal coliform and macroinvertebrate assessments Demonstration of effectiveness of wetland development sites to improve water quality measures( pH, temperatures, pathogens, toxics, nutrients) beyond the dry detention pond reference site Establishment of biological habitat supporting an increased prevalence and diversity of fauna and flora in the urban environment measured through surveys Public acceptance of the new BMP through educational activities, recreational access, aesthetic appeal, and management of problem fauna to be measured through the Augusta Cares program that currently receives public comments on municipal activities Attachment number 1 Page 8 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 8 9. Milestones: (List in chronological order. Include all outputs and activities listed in the above sections.) MILESTONE STARTING DATES COMPLETION DATES Submit monitoring plan with QAPP/SQAP procedures to the GAEPD and the USEPA for review and approval. (IF APPLICABLE) 07/2011 08/2011 Execute contract with the Georgia Environmental Protection Division. 08/2011 09/2011 Assessment and monitoring activities at existing wetland 09/2011 09/2012 Submit semi-annual report for GRTS update (each March 15th and September 15th) 09/2011 09/2011 Begin monitoring and site selection activities at detention pond sites 11/2011 11/2012 Submit semi-annual report for GRTS update (each March 15th and September 15th) 03/2012 03/2012 Submit semi-annual report for GRTS update (each March 15th and September 15th) 09/2012 09/2012 Final site selection and completion of wetland development plan; start of downstream TMDL monitoring 09/2012 11/2012 Hydrologic alterations and soil amendments to selected sites 11/2012 02/2013 Establishment of wetland flora on development sites 03/2013 05/2013 Submit semi-annual report for GRTS update (each March 15th and September 15th) 03/2013 03/2013 Monitoring of developing wetland sites and downstream TMDL monitoring 06/2013 08/2014 Submit final project close-out report to the GAEPD and the USEPA for review and approval 08/2014 08/2014 Attachment number 1 Page 9 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 9 10. Project Location: a) Project Area(s) and Map: The proposed project will be located in Richmond County, GA, more specifically in the Rocky Creek and Butler Creek watersheds that feed directly into the Savannah River (Fig. 1). b) Watershed or project area size (acres): 34,849 acres (54.45 square miles) total. Rocky Creek – 13,122 acres; Butler Creek – 21,727 acres c) List the following for the watershed or project area: Rocky Creek Butler Creek Stream Miles 8.65 15.10 Lake Acreage 50 124 Wetland Acreage 449 1,114 d) Land Uses within the watershed or project area (percentages): Rocky Creek Butler Creek Agricultural 1.41 2.78 Commercial Forestry 0.00 0.00 Urban/Residential 67.25 35.75 Mining/Extraction 0.00 0.00 Forests/Natural Areas 23.74 56.93 Water/Wetlands 0.38 0.57 Other 7.22 3.97 100% 100% Hydrologic Unit Code(s) and Watershed Name(s): Rocky Creek – 030601060503 Butler Creek - 030601060501 e) County or Counties: Richmond County, GA 11. Pollutants to be Addressed: Fecal Coliform, E. coli, pH, Sedimentation/Siltation, Temperature, Toxics 12. Impaired Waters a) Section 303(d) and Section 305(b) lists of waters: Rocky Creek, Butler Creek Attachment number 1 Page 10 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 10 Waterbody (Miles/Acreage) Location (County) Criterion Violated Category of impairment? (4a, 4b, 4c ,5) Has a plan been developed to implement a TMDL for this segment? Will this project address the listed pollutant? Rocky Creek (8 miles) Richmond County Fecal Coliform and Bio-M 4a and 5 Yes Yes Butler Creek (9 miles) Richmond County Fecal Coliform 5 Yes Yes b) Other Known Impairments (only if applicable): None 13. Planning Activities: a) Is the project proposal developing a new TMDL Implementation Plan / Watershed Improvement Plan, Watershed Restoration Action Strategy, or other Watershed Management Plan? Yes____ No__√__ b) Is the project proposal revising an existing TMDL Implementation Plan / Watershed Improvement Plan, Watershed Restoration Action Strategy, or other Watershed Management Plan to meet USEPA’s Nine Key Elements of Watershed Planning? Yes____ No_√__ c) Is the project proposal implementing a TMDL Implementation Plan / Watershed Improvement Plan, Watershed Restoration Action Strategy, or other Watershed Management Plan? (If checking yes, please identify document and attach relevant sections.) Yes____, (Year Completed _____) No __√__ d) Was this plan developed using 319(h) Grant funds? Yes _____ No ______ If Yes, Which Project? __________________ 14. Major Nonpoint Source Pollution Categories and Subcategories: Urban Runoff/Stormwater Municipal Commercial Residential Illicit Connects/Illegal Hook-ups Dry Weather Flow Attachment number 1 Page 11 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 11 Highway/Road/Bridge Runoff Post-Development Erosion and Sedimentation Historical Pollutants Contaminated Sediments Clean Sediments Other Historical Pollutants Other NPS Pollution Erosion from Derelict Land Atmospheric Deposition Natural Sources Groundwater Loadings Wildlife 15. Nonpoint Source Pollution Activities: BMP Demonstration Projects BMP Performance/Assessment Restoration/Protection/Prevention BMP Design/Implementation Activities in HUC-10 and smaller Management/Re-vegetation Sediment Control Stormwater Discharge Design/Control Acquisition of Wetland Resources Wetland Restoration/Protection Acquisition of Riparian Resources Riparian Projects Restoration/Protection/Prevention Activities Education/Information Activities Local (High School, Site Neighborhood) Education/Information Programs Water Quality Assessment/Monitoring Wetland Assessment/Monitoring Riparian Assessment/Monitoring TMDL Assessments Water Quality Problem Identification BMP Effectiveness Monitoring Biological Monitoring Other Activities Groundwater (all groundwater activities) Attachment number 1 Page 12 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 12 16. Project Budget: NOTE: The project budget must be prepared in this required format and using these object class categories. Item Object Class Category 319(h) Grant Funds (60% Maximum) Non Federal Matching Funds (40% Minimum) Total A Personnel: One (1) Coordinator– 0.15 FTE ($60,000/Year) for 3 years (project management) One (1) Research Director– 0.15 FTE ($65,000/Year) for 3 years (research coordination and planning) One (1) Soil/ Water Engineer – 0.68FTE ($50,000/Year) for 2 years (soil and hydrology assessment, wetland restoration design) One (1) Monitoring Technician – 0.25FTE (38,000/Year) for 3 years (site logistics, site monitoring, data collection, data entry) Two (2) Aquatic Biologists/Volunteer Coordinators– 0.25 FTE ($40,000/Year) for 3 years (macroinvertebrate, wetland flora and fauna bioassessment) One (1) Field Biologist/Technician– 0.70 FTE ($18,000/Year) for 3 years (Sample collection, analysis, and educational opportunities) 0 29,250 70,000 0 60,000 37,800 27,000 0 0 28,500 0 0 27,000 29,250 70,000 28,500 60,000 37.800 B Fringe Benefits: One (1) Staff Position – 0.0 FTE – 00% for x year (Duties) 0 0 0 C Travel: 1-Soil/Water Engineer 1-Research Director 2-Aquatic Scientists (Technical Seminar and Research Presentation) 4,000 0 4,000 D Equipment: Thirty(30) Water Level Loggers (hydrologic assessment) One (1) IDEXX Multitray Sealer (Pathogen Indication Testing) Two (2) Field-Based Multiparameter Water Quality Sondes 15,000 4,000 20,200 0 0 0 15,000 4,000 20,200 E Supplies: Filtration Supplies (TSS Determinations) Supplies for Building/Installing 20-40 Piezometers (Groundwater hydrology assessment) IDEXX Colilert Sample Supplies (Coliform and E.coli Determinations) 2,000 2,000 4,000 0 0 0 2,000 2,000 4,000 Attachment number 1 Page 13 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 13 Nitrogen Analysis Supplies Phosphorus Analysis Supplies Mosquito Monitoring Supplies Wetland Plants (Establishment on developed sites; estimate based on Kadlec and Wallace, 2009) Mulch/Compost (Development of hydric soils) 3,600 3,600 3,000 31,000 0 0 0 0 0 10,000 3,600 3,600 3,000 31,000 10,000 F Contractual: (Using In-House ARC Personnel and Equipment) Toxics Analysis Earthmoving (move or remove soil at development sites, incorporate organic material into soil, create microtopogragy; estimate based on Kadlec and Wallace, 2009) Dominant/Invasive Extraction (Remove destructive plants) Planting and Establishment (establishment of wetland plants including planting and watering/management activities) 4,000 0 0 0 0 130,000 10,000 20,000 4,000 130,000 10,000 20,000 G Construction: Does not apply to GAEPD Section 319(h) Grants N/A N/A N/A H Other: I Total Direct Charges: (Sum of A-H) 293,450 225,500 518,950 J Indirect Charges: Indirect Charge Rate 0 0 0 K Total: (Sum of I and J) 293,450 225,500 518,950 17. Project Attachment(s): • Revised Bacteria Total Maximum Daily Load Implementation Plan for Butler Creek and Rocky Creek in Augusta, Georgia • Bacterial Source Tracking Analysis for Butler and Rocky Creeks in Augusta, Georgia Attachment number 1 Page 14 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 14 Works Cited ARC, 2009a. Revised Bacteria Total Maximum Daily Load Implementation Plan for Butler Creek and Rocky Creek in Augusta, Georgia, Augusta Engineering Department, Stormwater & Environmental Section, Augusta, Georgia, 30901, August 2009. ARC, 2009b. Bacterial Source Tracking Analysis for Butler and Rocky Creeks in Augusta Georgia. Augusta Engineering Department, Stormwater & Environmental Section, Augusta, Georgia, 30901, August 2009. Benham, B.L., J.L. Walker, G.Yagow. 2009. TMDLs for Benthic Impairment. Virginia Cooperative Extension: 422-556. http://www.ext.vt.edu. Burke, R., R. Barrera, M. Lewis, T. Kluchinsky, D. Claborn. 2010 Septic tanks as larval habitats for the mosquitoes Aedes aegypti and Culex quinquefasciatus in Playa- Playita, Puerto Rico. Medical and Veterinary Entomology. 24: 117-123. Kadlec, R.H., and S. D. Wallace, 2009. Treatment Wetlands, CRC Press, Boca Raton, FL. Attachment number 1 Page 15 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 15 Project Summary (ABSTRACT) Project Title: Urban Wetland Development for Stream Health Lead Organization: Name: Augusta – Richmond County Engineering Dept. Address: 522 Greene St. Address2: City, GA zip: Augusta, GA, 30901 Phone: 706-821-1706 Fax: 706-821-1708 Primary Contact: Name: Garrett D. Weiss, PG, CFM, CPSWQ Title: Stormwater & Environmental Section Manager Organization: Augusta Engineering Dept. Address: 522 Greene Street Address2: City, GA zip: Augusta, GA 30901 Phone: 706-796-5065 Fax: 706-821-1708 E-mail: gweiss@augustaga.gov Funding: Federal Funds Requested $293,450 Non-Federal Matching Funds $225,500 Total Project Funds $518,950 Project Start Date: 08/2011 (Projected) Completion Date: 08/2014 (Projected) Project Location: Rocky and Butler Creek Watersheds, Richmond County, GA Project Background: Wetlands have been shown to be a valuable component of our water resource network, and their protection and restoration in many areas has led to noteworthy improvements in water quality. Loss of wetlands, especially smaller (<10 acre) wetlands, has been a typical result of urban development. The occurrence of some remaining wetlands in this area, paired with critical site selection based on the indication of proper hydrology gives good indication of success for the development of additional wetlands from current dry detention ponds, These wetlands could provide water quality benefits beyond what is currently being realized from the ponds and help to alleviate some of the stresses causing impairments to 303(d) listed Butler and Rocky Creeks. Objectives: • Decrease microbial pathogen concentrations • Reduce stress on biological macroinvertebrate populations • Highlight the functionality and water quality value of an existing palustrine slope wetland • Restore similar areas currently in use as dry detention ponds Attachment number 1 Page 16 of 17 Item # 5 Urban Wetland Development for Stream Health Section 319(h) FY2011 Project Proposal 16 • Compare the water quality treatment performance of the restored wetland sites to the existing (reference) wetland site and to unconverted dry detention ponds Activities: • Assessment of the existing wetland • Sub-watershed traditional sampling to indentify critical areas to focus wetland development • Spatial source identification through mosquito data • Targeted BMP monitoring pre- and post-wetland development • Pre- and post-wetland development monitoring of problem fauna • Pathogen Indicator and macroinvertebrate bioassesment directly downstream of BMPs • Wetland development activities and continued monitoring of wetland development • Educational outreach activities Outputs: • Semi-annual and final reports • QAPP and SQAP • Monitoring data, reports, and maps • Beneficial additions to TMDL Implementation Plan • Educational materials and opportunities (signage, pamphlets, research opportunity, recreational access) • BMP effectiveness assessment information for regulators on a range of water quality constituents • An assessment of fecal contamination “hot spots” beneficial to local regulators • Cutting edge science on a new potential method for identifying these fecal contamination locations • Several acres of new water quality BMP for the Augusta-Richmond County community. Expected Outcome: It is expected that wetland development will be successful with careful site selection and dutiful pre-development monitoring and data-driven design. Post-development monitoring of these wetlands is expected to show additional water quality benefits over the existing dry ponds while alleviating management problems currently associated with the ponds. Budget Summary: NPS Pollution Activities 319(h) Grant Non-Federal Funds Matching Funds BMP Demonstration Projects $107,773 $127,607 Restoration/Protection/Prevention $58,012 $72,918 Education/Information $61,490 $11,100 Technical Assistance Regulatory/Enforcement Activities Planning Activities Water Quality Assessment/Monitoring $66,175 $13,875 TOTALS: $293,450 $225,500 (57%) (43%) Attachment number 1 Page 17 of 17 Item # 5 Engineering Services Committee Meeting 12/13/2010 1:10 PM Morgan Road Improvements- Change Number Six and Change Order Number Two Department: Caption:Approve Capital Project Budget Change Number Six and Change Order Number Two in the amount of $168,450.70 with Mabus Brothers Construction, Inc. for the Morgan Road Improvements Project CPB 323- 041110-296823665. This Change Order is for services associated with additional work to complete the existing water system upgrades as well as select backfill used during construction of the new sewer main on the Morgan Road project as requested by AED. Funding is available in SPLOST Phase IV Utilities Projects recapture account. Background:Morgan Road is currently undergoing a widening project. The additional water line work would insure that the public will maintain adequate pressure during peak times of water use and also ensure that the water is being circulated in the water tank on Morgan Road. Mabus Brothers is asking for an additional 90 days to complete the work. Analysis:AUD has evaluated the proposal from Mabus Brothers Construction to Change Order #2 and has considered the proposal fair and reasonable to accomplish the project. Financial Impact:Funds are available in the amount of $168,450.70 in SPLOST Phase IV Utilities Projects recapture account. Alternatives:Approve Capital Project Budget Change Number Six and Change Order Number Two in the amount of $168,450.70 with Mabus Brothers Construction, Inc for the Morgan Road Improvements Project CPB 323- 041110-296823665. This Change Order is for services associated with additional work to complete the existing water system upgrades as well as select backfill used during construction of the new sewer main on the Morgan Road project as requested by AED. Funding is available in SPLOST Phase IV Utilities Projects recapture account. 2) Do not approve and stop a much needed service. Recommendation:Approve alternative one. Funds are Available in the Following Accounts: SPLOST Phase IV Utilities Projects recapture account. Cover Memo Item # 6 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 6 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: The project is authorized to CPB#323-041110-296823665. This change is necessary for additional work to complete on the existing water main as well as select backfill used during construction of the new sewer main for the Morgan Road Project. Funding in the amount of $168,451 is available in AUD SPLOST PHASE IV Recapture account for this Change Order Number Two. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III 2,641,900$ Special 1% Sales Tax, Phase I 698,100$ Special 1% Sales Tax, Phase I Recapture 549,193$ Special 1% Sales Tax, SPLOST Fund Balance Account 1,190,849$ Special 1% Sales Tax, Phase III 215,649$ Augusta Utilities 719,102$ Augusta Utilities Phase IV Recapture 168,451$ GDOT 625,000$ 6,808,244$ Section 3: The following amounts are appropriated for the project: By Basin By District Phinizy Swamp $6,808,244 1st CPB#323-041110-296823665 CAPITAL PROJECT BUDGET MORGAN ROAD CHANGE NUMBER SIX Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for er er er execution. For information reference this request xecution. For information reference this request xecution. For information reference this request xecution. For information reference this request contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks Phinizy Swamp $6,808,244 1st 6,808,244$ Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable Deke Copenhaver, Mayor Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for er er er execution. For information reference this request xecution. For information reference this request xecution. For information reference this request xecution. For information reference this request contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks 1 of 3 12.01.2010 Attachment number 1 Page 1 of 3 Item # 6 Augusta-Richmond County, Georgia CPB#323-041110-296823665 CAPITAL PROJECT BUDGET MORGAN ROAD CHANGE NUMBER SIX CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPECIAL 1% SALES TAX, PHASE III 323-04-1110-6011110-296823333 ($1,857,549) $0 ($1,857,549) SPLOST Fund Balance Account 323-00-0000-3952110 ($1,190,849) $0 ($1,190,849) SPECIAL 1% SALES TAX, PHASE I 321-04-1110-6011110-288821333 ($698,100) $0 ($698,100) SPECIAL 1% SALES TAX, PHASE I ($549,193) $0 ($549,193) 321-04-1110-6011110-288821333 SPECIAL 1% SALES TAX, PHASE II ($1,000,000) $0 ($1,000,000) 322-00-0000-000000000 AUGUSTA UTILITIES 507043420-5425210/ ($719,102) ($719,102) 80900020-5425210 GDOT ($625,000) $0 ($625,000) AUD PHASE IV RECAPTURE ($168,451) ($168,451) TOTAL SOURCES: ($6,639,793) ($168,451) ($6,808,244) USE OF FUNDS ENGINEERING 323-04-1110-5212115-296823665 $178,950 $0 $178,950 AUD 507-043420-5425210/80900020 ($7950) appr'd 5/12/09 ADVERTISING 323-04-1110-5233119-296823665 $1,000 $0 $1,000 RIGHT OF WAY 323-04-1110-5411120-296823665 $98,000 $0 $98,000 CONSTRUCTION 323-04-1110-5414110-296823665 $5,051,498 0 $5,051,498 AUGUSTA UTILITIES-SANITARY SEW 507043420-5425210/ 80900020-5425210 $711,152 $0 $711,152 UTILITIES 323-04-1110-5414510-296823665 $599,193 $599,193 CONTINGENCY 323-04-1110-6011110-296823665 2 of 3 12.01.2010 Attachment number 1 Page 2 of 3 Item # 6 Augusta-Richmond County, Georgia CPB#323-041110-296823665 CAPITAL PROJECT BUDGET MORGAN ROAD CHANGE NUMBER SIX GDOT AUD SANITARY SEWER $168,451 $168,451 TOTAL USES: $6,639,793 $168,451 $6,808,244 3 of 3 12.01.2010 Attachment number 1 Page 3 of 3 Item # 6 Change Order Number: Two Date: December 1, 2010 Project Title: Morgan Road Improvements Project Original Contract Date: 01.22.09 Project Number: 323.041110.296823665 Owner: Augusta Richmond County P.O. Number: P161064 Contractor: Mabus Brothers Construction, Inc. The following change order is hereby made to the proposal for the above project: TOTAL AMOUNT OF THIS CHANGE ORDER $ 168,451.00 Original Contract Amount $4,426,497.96 Previous Change Order (Increased / Decreased) $ 711,152.00 This Change Order (Increased / Decreased) $ 168,451.00 TOTAL CONTRACT WITH CHANGE ORDER(S) $5,306,100.96 * * * * * * * * * * * * * Funding Source/Account Number: AUD SPLOST PHASE IV RECAPTURE Submitted By: Date: Construction Manager Submitted By: Date: Department Head Finance Endorsement: Date: Finance Director Approved By: Date: Mayor Accepted By: Date: Contractor Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information r execution. For information r execution. For information r execution. For information reference this request contact engineering at ext 5070. Thanks reference this request contact engineering at ext 5070. Thanks reference this request contact engineering at ext 5070. Thanks reference this request contact engineering at ext 5070. Thanks Attachment number 2 Page 1 of 1 Item # 6 JOB: Morgan Road Improvements DATE: 11/10/2010 Augusta, GA CHANGE ORDER #2 12" WATERLINE, CHECK VALVES & ELECTRIC ACTUATOR VALVE VAULT MOVING EXISTING WATER SERVICE FROM 12" TO 6" WATERMAIN UNITS UNIT UNIT TOTAL QTY PRICE PRICE LF 348.5 23.54$ 8,203.69$ LF 943.5 50.41$ 47,561.84$ EA 4 150.05$ 600.20$ EA 2 150.05$ 300.10$ EA 1 400.61$ 400.61$ EA 6 370.51$ 2,223.06$ EA 1 940.52$ 940.52$ EA 5 153.05$ 765.25$ EA 3 362.81$ 1,088.43$ EA 2 1,855.77$ 3,711.54$ EA 2 5,196.37$ 10,392.74$ EA 5 2,799.18$ 13,995.90$ EA 1 6,818.16$ 6,818.16$ EA 1 10,055.16$ 10,055.16$ LF 1200 15.00$ 18,000.00$ EA 10 1,108.25$ 11,082.50$ EA 1 1,252.70$ 1,252.70$ EA 1 2,408.30$ 2,408.30$ EA 10 100.00$ 1,000.00$ EA 1 125.00$ 125.00$ EA 1 225.00$ 225.00$ LF 120 200.00$ 24,000.00$ EA 1 1,800.00$ 1,800.00$ LS 1 1,500.00$ 1,500.00$ 168,450.70$ NOTES: 1) 5' x 8' x 6' Concrete Vault is quoted installed with the following: 6" Bypass with DIP Piping, 2 - 6" x 6" x 6" Tees, FAX: (706) 722-7521 QUOTE MABUS BROS. CONSTRUCTION CO., INC. 920 MOLLY POND ROAD AUGUSTA, GA 30901 PHONE: (706) 722-8941 ITEM 6" DIP Waterline 12" x 12" MJ Tapping Sleeve & Valve, Box, Collar, Mlugs 6" Flg Check Valve W/Uniflange & Flangepacks 12" Flg Check Valve W/Uniflange & Flangepacks 6" x 6" MJ Tapping Sleeve & Valve, Box, Collar, Mlugs 12" DIP Waterline 6" MJ 90 Deg Bend W/Mlugs 12" MJ 90 Deg Bend W/Mlugs 3/4" Wet Tap 12" x 6" Jack & Bore (includes: casing, spacers, end 12" MJ 45 Deg Bend W/Mlugs 20" X 12" MJ Reducer W/Mlugs 12" MJ Long Sleeve W/Mlugs Concrete Vault for 6" Electric Actuator Valve 6" MJ 45 Deg Bend W/Mlugs TOTAL Directional Bore Service Line Under Road 3/4" K Copper Water Service 1" K Copper Water Service 2" K Copper Water Service Testing & Chlorination 6" MJ Long Sleeve W/Mlugs 1" Wet Tap 2" Wet Tap Valve Manhole for 12" Check Valve (0-6' deep) seals & lock rings for DIP pipe) at church STA +35+00 1 PDFConvert.14449.1.QUOTE Morgan Road CO#2 Combined.xls Attachment number 3 Page 1 of 3 Item # 6 2 - 6" 90 Degree Bends, 3' x 3' Alum Hatch & Drain Hole 2) 6" Eletric Actuator Valve to be paid for & supplied by Augusta Utilities Department to Mabus Brothers Supplier for installation in vault prior to delivery of vault to site. 3) All wiring & electrical work to be supplied and installed by Augusta Utilities Department. 4) This quote is a unit price quote. You will be billed by quantities actually installed. 5) Quantities are estimated from mapping supplied by Augusta Utilities Department. 6) Mabus Bros. is requesting that an additional 90 days be added to the contract completion time for 7) Any road patching required will be done at a price of $50/SY. 8) Any required curb & gutter replacement will be done at the prices in the bid. Jeffery L. Cooper, Estimator this work. 2 PDFConvert.14449.1.QUOTE Morgan Road CO#2 Combined.xls Attachment number 3 Page 2 of 3 Item # 6 3 PDFConvert.14449.1.QUOTE Morgan Road CO#2 Combined.xls Attachment number 3 Page 3 of 3 Item # 6 Engineering Services Committee Meeting 12/13/2010 1:10 PM Motion to Approve Outdoor Landscape Watering Ordinance and to Waive Second Reading Department:Law Caption:Motion to approve Outdoor Landscape Watering Ordinance and to waive second reading. Background:Augusta, Georgia recognizes a need to create a culture of water conservation and to plan for water supply enhancement during future extreme drought conditions and other water emergencies. Analysis:The General Assembly of the State of Georgia has required all counties in Georgia to adopt an ordinance to be in effect no later than January 1, 2011 to allow outdoor watering of landscape to between the hours of 4:00pm and 10:00am (with certain exceptions). Financial Impact:None. Alternatives:Do not pass Outdoor Landscape Watering ordinance. Recommendation:Approve this ordinance for Outdoor Landscape Watering and waive second reading. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE FIVE TO ADD SECTION 5-2-83 TO PROVIDE FOR RESTRICTIONS FOR OUTDOOR WATER USAGE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta, Georgia recognizes an imminent need to create a culture of water conservation and to plan for water supply enhancement during future extreme drought conditions and other water emergencies; WHEREAS, reasonable restrictions on the outdoor watering of landscape are necessary to address this in furtherance of addressing this need; WHEREAS, the General Assembly of the State of Georgia has required all counties in Georgia to adopt an ordinance to be in effect no later than January 1, 2011 to allow outdoor watering of landscape to between the hours of 4:00pm and 10:00am (with certain exceptions); and WHEREAS, pursuant to O.C.G.A. § 12-5-7, the Augusta, Georgia Commission has prepared this ordinance to address outdoor watering of landscape THE AUGUSTA-RICHMOND COUNTY COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA. CODE Section 5-2-83 was reserved as set forth in the AUGUSTA, GA. CODE, re-adopted July 10, 2007. The Augusta Code is hereby amended by new Code Section known as 5-2-83 DVVHWIRUWKLQ³([KLELW$´KHUHWR SECTION 2. Section 5-2-84 thru 5-2-109 of the AUGUSTA, GA CODE shall remain reserved. SECTION 3. This ordinance shall become effective upon its adoption in accordance with applicable laws. Attachment number 1Page 1 of 3 Exhibit A Section 5-2-83 Outdoor Water Usage (a) Applicability This article shall be applicable to all persons which use or purchase water from Augusta, Georgia water supply and sewerage system. (b) Purpose and policy The purpose of this section is to protect the public health, safety, environment, and general welfare through adopting and enforcing water use measures that encourage water conservation and ensure adequate supplies of water for the citizens of Augusta, Georgia. It is the policy of Augusta, Georgia to promote water conservation by regulating outdoor water use and by complying with the laws and regulations imposed by the State on outdoor water use. (c) Restriction on outdoor water of landscape Except for those activities exempted in section 5-2-83(d), outdoor landscape watering, meaning watering for purposes of planting, growing, managing, or maintaining ground cover trees, shrubs, or other plants, may occur only between the hours of 4:00p.m. and 10:00a.m.. (d) Exceptions to the restrictions of section 5-2-83(c) The limitation provided for in section 5-2-83(c) shall not create any limitation upon the following outdoor water uses: 1) Commercial raising harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; the commercial production or storing of feed for use in the production of livestock, including but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for the use in the production of poultry, including, but not limited to, chicken, hens, ratites, and turkeys; producing plants, trees, fowl, or animals; or the commercial production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products or as otherwise defined in O.C.G.A. § 1-3-3; 2) Capture and reuse of cooling system condensate or storm water in compliance with applicable Augusta, Georgia ordinances and state guidelines; 3) Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health regulations; 4) Use of reclaimed waste water by a designated user from a system permitted by the Environmental Protection Division of the Georgia Department of Natural Resources to provide reclaimed waste water; 5) Watering personal food gardens; 6) Watering new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of 30 days immediately following the date of installation; 7) Drip irrigation or irrigation using soaker hoses; Attachment number 1Page 2 of 3 8) Hand watering with a hose with automatic cutoff or handheld container; 9) Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property; 10) Watering horticultural crops held for sale, resale, or installation; 11) Watering athletic fields, golf courses, or public turf grass recreational areas; 12) Installation, maintenance, or calibration of irrigation systems; or 13) Hydroseeding. (e) Enforcement 1) No person shall use or allow the use of water in violation of the restrictions on outdoor water use contained in ordinance. 2) The Augusta Utilities Department shall be the primary enforcement authority for this ordinance. 3) Criminal and alternative penalties. Any violation of this action may also be enforced by a citation or accusation returnable to the Magistrate Court or by any other legal means as set forth in this Code. (f) Violation; penalties Violation of this article shall be subject to penalties as provided for in Sections 1-6-1 and 5-2-39. Sections 5-2-84 ± 5-2-109 Reserved Attachment number 1Page 3 of 3 Engineering Services Committee Meeting 12/13/2010 1:10 PM Motion to approve Solid Waste Contract Extensions Department:Solid Waste Caption:Motion to approve Solid Waste Contract Extensions to Solid Waste Collection Contract No. 06-001 for the year 2011. Background:The Augusta Solid Waste Collection Contract No. 06-001 expires December 31, 2010. The original contract was for a term of five years with two one- year options. The Augusta Commission authorized the Solid Waste Department to negotiate the contract extensions in August 2010. The attached addenda will exercise one of the one-year options. Analysis:The contract addendum for each of the contracted haulers – Augusta Disposal and Recycling, Inland Services, and Advanced Disposal provides for a one-year extension of the current solid waste collections contract. Two of the contracted haulers agreed to forgo the annual price increase as provided for in the original contract as well as provide additional consideration. Financial Impact:See attached. Alternatives:Do not approve contract addenda. Recommendation:Approve the contract addenda. Funds are Available in the Following Accounts: Included in Solid Waste Department Budget. REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo 1 ADDENDUM TO THE SOLID WASTE COLLECTION CONTRACT NO. 06-001 BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY) AND AUGUSTA DISPOSAL & RECYCLING, INC. This is an Addendum to the Solid Waste Collection Contract No. 06-001 between Augusta, Georgia (Augusta Richmond County) and Augusta Disposal & Recycling, Inc. The herein parties agree that the Addendum modifies Contract No. 06-001 in the following ways: A. Section 15: Contract Term The County and Contractor through mutual agreement may extend this Contract for an additional period of one (1) year. The County must provide Contractor a minimum of 90 days notice of its intent to extend the Contract. If the County extends this Contract, the same terms, conditions, and methods of payment shall apply during the extension period. County’s payment obligation hereunder for succeeding fiscal periods shall be subject to availability and appropriation of funds. In the event County does not appropriate funds, at the beginning of a fiscal year for this Contract, said Contract shall terminate. B. Section 75: Vehicle Specifications 2.) The County relinquishes an average age requirement of fleet vehicles used in the collection Contract, provided that all such vehicles shall remain in good repair and sound operating condition. C. Section 401: Payment for Third-Party/Commercial Volume 1.) The Contractor guarantees the disposal of 1375 (one thousand three hundred and seventy-five) tons of third party or non-contract volume per month to be disposed at the County’s Solid Waste Facility. a.) The Contractor shall pay a monthly rate of $27.50 per ton to the County’s Solid Waste Department. (Contractor shall also pay all taxes and applicable fees.) Attachment number 1Page 1 of 4 2 b.) The guaranteed monthly volume of 1375 tons shall be calculated as a monthly average to be based upon the volume disposed of during each quarter. D. Section 430: Adjustments 1.) CPI Adjustment a.) The Contractor relinquishes entitlement and forgoes any right to any increase in the agreed upon rate, including, but not limited to, any actual percentage change in the CPI (as defined in Section 430 (1) (b) in Solid Waste Collection Contract 06-001 between Augusta, Georgia and Augusta Disposal & Recycling, Inc.). The Contractor agrees to charge and accept the current rate as full payment for services provided under Contract No. 06-001. E. Contract No. 06-001, as modified herein, shall be extended for a period of one year. F. The “effective date” of this Addendum shall be the date this addendum is approved by the August-Richmond County Commission. G. The “start date” of Contract No. 06-001 as modified herein shall be January 1, 2011. H. The Contract No. 06-001 between Augusta, Georgia (Augusta Richmond County) and Augusta Disposal & Recycling, Inc. remains in full force and effect, except as modified by the herein Addendum. Attachment number 1Page 2 of 4 3 The terms of the foregoing Addendum to the Solid Waste Collection Contract No. 06-001 were approved by the Augusta-Richmond County Commission on the ____ day of ___________________, 2010. Augusta, Georgia By:__________________________ As its Mayor Attest: ______________________________ Clerk of Commission SEAL: Sworn to and subscribed before me this _____ day of ____________________, 2010. _______________________________ Notary Public My Commission Expires:__________________ Attachment number 1Page 3 of 4 4 The terms of the foregoing Addendum to the Solid Waste Collection Contract No. 06-001 were approved by Augusta Disposal & Recycling, Inc. on the ____ day of __________________, 2010. The foregoing Contract and Addendum is hereby executed by the below-listed parties: Augusta Disposal & Recycling, Inc. By:_________________________ As its:_______________________ Sworn to and subscribed before me this _____ day of ____________________, 2010. _______________________________ Notary Public My Commission Expires:__________________ Attachment number 1Page 4 of 4 1 ADDENDUM TO THE SOLID WASTE COLLECTION CONTRACT NO. 06-001 BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY) AND INLAND SERVICE CORPORATION This is an Addendum to the Solid Waste Collection Contract 06-001 between Augusta, Georgia (Augusta Richmond County) and Inland Service Corporation. The herein parties agree that the Addendum modifies Contract No. 06-001 in the following ways: A. Section 15: Contract Term The County and Contractor through mutual agreement may extend this Contract for an additional period of one (1) year. The County must provide Contractor a minimum of 90 days notice of its intent to extend the Contract. If the County extends this Contract, the same terms, conditions, and methods of payment shall apply during the extension period. County’s payment obligation hereunder for succeeding fiscal periods shall be subject to availability and appropriation of funds. In the event County does not appropriate funds, at the beginning of a fiscal year for this Contract, said Contract shall terminate. B. Section 75: Vehicle Specifications 2.) The County relinquishes an average age requirement of fleet vehicles used in the collection Contract, provided that all such vehicles shall remain in good repair and sound operating condition. C. Section 430: Adjustments 1.) CPI Adjustment a.) The Contractor relinquishes entitlement and forgoes any right to any increase in the agreed upon rate, including, but not limited to, any actual percentage change in the CPI (as defined in Section 430 (1) (b) in Solid Waste Collection Contract 06-001 between Augusta, Georgia and Inland Service Corporation). The Contractor agrees to charge and accept the current rate as full payment for services provided under Contract No. 06-001. Attachment number 2Page 1 of 4 2 D. The “effective date” of this Addendum shall be the date this addendum is approved by the Augusta-Richmond County Commission. E. The “start date” of Contract No. 06-001 as modified herein shall be January 1, 2011. F. Contract No. 06-001, as modified herein, shall be extended for a period of one year. G. The Contract No. 06-001 between Augusta, Georgia and Inland Service Corporation remains in full force and effect, except as modified by the herein Addendum. Attachment number 2Page 2 of 4 3 The terms of the foregoing Addendum to the Solid Waste Collection Contract No. 06-001 were approved by the Augusta-Richmond County Commission on the ____ day of ___________________, 2010. Augusta, Georgia By:__________________________ As its Mayor Attest: ______________________________ Clerk of Commission SEAL: Sworn to and subscribed before me this _____ day of ____________________, 2010. _______________________________ Notary Public My Commission Expires:__________________ Attachment number 2Page 3 of 4 4 The terms of the foregoing Addendum to the Solid Waste Collection Contract No. 06-001were approved by Inland Service Corporation on the ____ day of __________________, 2010. The foregoing Contract and Addendum is hereby executed by the below-listed parties: Inland Service Corporation By:_________________________ As its:_______________________ Sworn to and subscribed before me this _____ day of ____________________, 2010. _______________________________ Notary Public My Commission Expires:__________________ Attachment number 2Page 4 of 4 1 ADDENDUM TO THE SOLID WASTE COLLECTION CONTRACT NO. 06-001 BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY) AND ADVANCED DISPOSAL SERVICES AUGUSTA, LLC This is an Addendum to the Solid Waste Collection Contract No. 06-001 between Augusta, Georgia (Augusta Richmond County) and Advanced Disposal Services Augusta, LLC. The herein parties agree that the Addendum modifies Contract No. 06-001 in the following ways: A. In adherence to the notice requirement in Section 15, the Contractor was orally notified of the intent to extend the Contract in a meeting with the Solid Waste Department on or about September 23, 2010. B. Section 15: Contract Term The County and Contractor through mutual agreement may extend this Contract for an additional period of one (1) year. The County must provide Contractor a minimum of 90 days notice of its intent to extend the Contract. If the County extends this Contract, the same terms, conditions, and methods of payment shall apply during the extension period. County’s payment obligation hereunder for succeeding fiscal periods shall be subject to availability and appropriation of funds. In the event County does not appropriate funds, at the beginning of a fiscal year for this Contract, said Contract shall terminate. C. Contract No. 06-001, as modified herein, shall be and is hereby extended for a period of one year. D. The “effective date” of this Addendum shall be the date this addendum is approved by the Augusta-Richmond County Commission. E. The “start date” of Contract No. 06-001 as modified herein shall be January 1, 2011. F. The Contract No. 06-001 between Augusta, Georgia (Augusta Richmond County) and Advanced Disposal Services Augusta, LLC. remains in full force and effect, except as modified by the herein Addendum. Attachment number 3Page 1 of 3 2 The terms of the foregoing Addendum to the Solid Waste Collection Contract No. 06-001 were approved by the Augusta-Richmond County Commission on the ____ day of ___________________, 2010. Augusta, Georgia By:__________________________ As its Mayor Attest: ______________________________ Clerk of Commission SEAL: Sworn to and subscribed before me this _____ day of ____________________, 2010. _______________________________ Notary Public My Commission Expires:__________________ Attachment number 3Page 2 of 3 3 The terms of the foregoing Solid Waste Collection Contract No. 06-001 were approved by Advanced Disposal Services Augusta, LLC on the ____ day of __________________, 2010. The foregoing Contract and Addendum is hereby executed by the below-listed parties: Advanced Disposal Services Augusta, LLC By:_________________________ As its:_______________________ Sworn to and subscribed before me this _____ day of ____________________, 2010. _______________________________ Notary Public My Commission Expires:__________________ Attachment number 3Page 3 of 3 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 1 Contents A. Overview Page # Section 5: Purpose and Intent 4 Section 10: Negotiation Costs 4 Section 15: Contract Term 4 Section 20: Incorporation of Exhibits 5 Section 25: Contract Limitations 5 Section 30: Definitions 5 Section 35: County Responsibilities 7 Section 40: Contractor’s Responsibilities 8 Section 45: Contractor’s Representations and Warranties 8 Section 50: County Representations and Warranties 9 Section 55: OSHA and Georgia Law Compliance 10 Section 60: Vehicles Used in Collection 11 Section 62: Spare Vehicles 12 Section 65: One Vehicle One Purpose 12 Section 70: Disposal/Vehicle Inspections and Permits 13 Section 75: Vehicle Specifications 13 Section 80: Ownership of Equipment 14 Section 85: Asset Maintenance and Inventory 14 Section 90: Traffic Laws, Noise Control 14 Section 95: Contractor’s Office 15 B. Collection Services Section 100: Collection Area 16 Section 102: Days of Collection 16 Section 104: Garbage Collection 16 Section 106: Yard Waste Collection 17 Section 108: Recycling Collection 18 Section 110: Bulky Waste collection 19 Section 112: Additional Carts 20 Section 114: Place of Collection 20 Section 116: Collection from Additional Locations 21 Section 120: Force Majeure Clean Up 21 Section 122: Eviction, Vacant Lot, Special Clean-up 22 Section 124: County Clean Up Events 23 Section 126: Time of Collection 24 Section 128: Scheduling of Collection 24 Section 130: Work on County Property 25 Section 132: Disposal and Recycling Locations 25 Section 134: Ownership of Materials Collected 26 Section 136: Scavenging 26 Attachment number 4Page 1 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 2 Section 138: Holiday Schedule 27 Section 140: Service Disruptions Due to Weather 27 Section 142: Service Disruptions – Non Weather 27 Section 144: Missed and Make-up Collections 28 Section 146: Contract Carts 30 Section 148: Supplying Garbage Carts 30 Section 150: Supplying Recycling Bins 31 Section 152: Cart/Bin Storage 32 Section 154: Minimum Cart/Bin Percentage 33 Section 156: Cart/Bin Replacement Cost 33 Section 158: Delinquent and Closed Accounts 33 Section 160: Meetings and Communication 33 Section 162: Program Information During Contract Start-Up 34 Section 164: Program Information 35 C. Manner of Collection Section 200: Contractor’s Responsibility 36 Section 210: Employee Conduct 36 Section 220: Employee Uniforms 37 Section 230: Spillage 37 Section 240: Damage Claims 38 Section 250: Customer Grievances 38 D. Reporting Requirements Section 300: Report/Information Specifications 39 E. Compensation Section 400: Payment for Collection Services 40 Section 410: Payment Procedure 40 Section 420: Contract Unit Price 41 Section 430: Adjustments 41 Section 440: Wage Increases for Employees 42 Section 450: Withholding and Payment of Tax Liens and Judgments 42 F. Security, Liability, Damages Section 500: Payment Bond 43 Section 510: Performance Bond 43 Section 520: Default of Contractor 44 Section 530: Commitment of Equipment 46 Section 540: Insurance 47 Section 550: Indemnity 50 Section 560: Liquidated Damages 50 Attachment number 4Page 2 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 3 G. Equal Opportunity/Non-Discrimination, Drug Free Work Place Section 600: Equal Employment Opportunity 53 Section 610: Equal Employment Opportunity – Implementation 53 Section 620: Contractor’s Hiring Goals 54 Section 630: Good Faith use of Disadvantaged Business Enterprises 55 Section 640: Non-Discriminatory Service 59 Section 650: Drug-Free Workplace 59 H. Operations Plan, Emergency Plan Section 700: Operations Plan 61 Section 710: Emergency Plan 62 I. Ancillary Provisions Section 800: Assignment of Pledge on Monies by the Contractor 64 Section 805: Assignment, Subcontracting, Delegation of Duties 64 Section 810: Audit and Inspection 65 Section 815: Contractor Will Not Sell or Disclose Data 65 Section 820: No Publicity 65 Section 825: Contract Rights 65 Section 830: Open Records Act 66 Section 835: Interpretation 66 Section 840: Law; Venue 66 Section 845: Discretionary Waiver of Right to a Jury Trial 66 Section 850: Specific Performance and Injunctive Relief 66 Section 855: Notices 66 Section 860: Severability 67 Section 865: Interest of the Parties 67 Section 870: No Bribery 67 Section 875: Change in Control 67 Section 880: Force Majeure 68 Section 885: Dispute Resolution 70 Other Items Signature page 71 Example from section 146 72 Exhibits 73 DBE Forms 77 End of Contract 91 Attachment number 4Page 3 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 4 SOLID WASTE COLLECTION CONTRACT BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY) AND AUGUSTA DISPOSAL & RECYCLING, INC. This solid waste collection Contract is entered into by and between, Augusta, Georgia, a consolidated local government, which is both a municipal corporation and a County, being a political subdivision of the State of Georgia, [by and through Augusta Richmond County’s Solid Waste Department] hereinafter “County” or “Augusta” and Augusta Disposal & Recycling, Inc. of Augusta “Contractor” to provide for Garbage, Yard Waste, Recycling and Bulky Waste collections from Units located within the Collection Area (as hereinafter defined). The parties, in consideration of the promises, representations and warranties contained herein, agree as follows: A. Overview Section 5. Purpose and Intent – Legal Relationship of Parties This Contract creates the legal relationship of independent Contractor by and between Augusta Disposal & Recycling, Inc. and the “County”. This Contract engages Augusta Disposal & Recycling, Inc. of Augusta to collect Garbage, Yard Waste, Recycling and Bulky Waste from Units within the Collection Area. Section 10. Negotiation Costs The Contractor shall bear its own cost of negotiating this Contract and developing all required materials. The County shall not be charged for any services or other work performed prior to the Start Date. Section 15. Contract Term This Contract is entered into on this _____ day of ________________, 2005 (“Effective Date”). The collection services will begin on January 1, 2006 (“Start Date”) and continue for a term of five (5) years, ending at Midnight December 31, 2010. The County and Contractor through mutual agreement may extend this Contract for two (2) successive one (1) year periods. The County must provide Contractor a minimum of 90 days notice of its intent to extend the Contract. If the County extends this Contract, the same terms, conditions, and methods of payment shall apply during the extension period. County’s payment obligation hereunder for succeeding fiscal periods shall be subject to availability and appropriation of funds. In the event County does not appropriate funds, at the beginning of a fiscal year for this Contract, said Contract shall terminate. Attachment number 4Page 4 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 5 Section 20: Incorporation of Exhibits 1. The Contractor and the County acknowledge and agree that each of the following exhibits is attached to this Contract and is incorporated into and made a part of this Contract by reference: Exhibit A: Collection Area Exhibit B: Rate Table Exhibit C: Force Majeure Rate Table Exhibit D: Eviction/Vacant Lot Rate Table 2. If there is a conflict between any exhibit and the Contract, the provisions of the exhibit shall prevail. Section 25: Contract Limitations At the time of award, the Contractor shall not be awarded or have control of more than 50% of the total number of Units. During the term of the agreement, no Contractor shall have control of more than fifty percent (50%) of the total number of Units. An exception will be made for natural population growth within a Collection Area. Section 30. Definitions In addition to Capitalized terms that are defined elsewhere, the following meanings apply: Bins: A water-tight plastic container that is provided by the County, that shall not be less than 65 gallons in capacity, fitted with a sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Recycling. Bulky Waste: Refers to furniture, appliances, tires, and other items too large to be reasonably placed into a Cart as defined herein with a size limit of, not larger than five (5) feet in length, five (5) feet in height and ten (10) feet in width. Construction debris shall be limited to an amount that is equal to 25% of the allowable pile by volume. C&D: Construction/Demolition waste means waste of building materials and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses and other structures. Such wastes include but are not limited to wood, lumber, wall Attachment number 4Page 5 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 6 board, concrete, brick, metals, and other items attributed to construction and demolition. Cart: A water-tight plastic container that is provided by the Contractor, that shall not be less than 95 gallons in capacity, fitted with a sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Garbage. County: Augusta, Georgia (Augusta-Richmond County, Georgia) Collection Area: The physical area for which the Contractor has been contracted to provide services to. Contractor: Individual or firm contracted to provide services under this Contract. Contract: Document containing all provisions and specification that Augusta and the Contractor must abide by and/or meet. Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other materials normally associated with common household waste. Handicapped/ Special Needs: Individual(s) who can provide verifiable proof of a disability, a limitation, or a special need which limits their ability to place waste to the curb or right of way. Hazardous Waste: Refers to Hazardous Waste, which is defined and published in the Georgia Hazardous Waste Management Act (Official Code of Georgia Annotated § 12-8-61, et. seq.) and incorporated herein by reference. Hazardous Waste is potentially dangerous by-products of our highly industrialized society, which cannot be handled, treated, or disposed of without special precautions. Hazardous Waste includes, but is not limited to, ignitable, corrosive, reactive, and toxic wastes such as acetone, gasoline and industrial alcohols, alkaline cleaners, acids, cyanide and chlorine, arsenic, pesticide wastes, paint, caustics, infected materials, offal, fecal matter (human and animal) and explosives. Hazardous Waste does not include solid waste that is Household Waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g. refused-derived fuel) or reused, all as defined by the Georgia Hazardous Waste Management Act. Holiday Overloads: Extra waste generated in association with a Federal, State, or Locally recognized holiday. Attachment number 4Page 6 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 7 Red Tag: A notification given to the customer for the purposes of informing/educating with the intent of eliminating future issues related to collections of Garbage, Recycling, Yard Waste, and Bulky Waste. Recycling: Refers to paper, cardboard, newspaper, plastic, aluminum, bi- metal, steel, tin, and other items determined to be recyclable by the County. Section: A defined subset of customers within the Collection Area. Tire: Any rubber cushioning from a wheel which will include automobiles, trucks, bicycles, and other small vehicles, not to exceed seventeen (17) inches. Unit: A location approved to have the service(s) under this Contract. Yard Waste: Plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, including sod; and biodegradable waste as approved by the County, but excludes loose soil, Garbage, food waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil contaminated with hazardous substances. Section 35: County Responsibilities The County shall be responsible for: 1. Making timely payments required by this Contract. 2. Inspecting Contractor performance, mediating and adjusting customer grievances. The County may require special and other services as contemplated in this Contract. 3. Specifying each customer’s level and type of collection service. 4. Supply Carts and/or Bins as defined by this agreement. 5. Pay disposal costs as defined by this agreement. Attachment number 4Page 7 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 8 Section 40: Contractor’s Responsibilities The Contractor shall be responsible for: 1. Furnishing all skilled labor, equipment, materials, supplies and utility services required for providing all services in accordance with this Contract unless otherwise noted within the Contract. 2. All actions and activities of its subcontractors. 3. Supplying all records, reports, and information required by this Contract. 4. Securing at Contractor’s expense, all governmental permits and licenses and required regulatory approvals (including all required by County Ordinances). 5. Timely paying of all applicable taxes. 6. Complying with applicable laws and regulations. 7. Performing all work in a timely, professional manner. 8. All wage increases for Contractor’s collectors or other employees, any benefits or added costs resulting from changes in technology, laws, regulations, labor, supplies, practices, availability of equipment, and other business risks that may affect the performance of this Contract. a. Should there be an extraordinary change in a law(s), rules, or regulations related to fuel taxes, disposal fees, or the addition or imposition of solid waste fees or taxes on services that impact the true cost of this contract, the Contractor and/or the County shall have the right to petition for an equitable adjustment. Section 45: Contractors Representations and Warranties 1. Organization and Qualification. The Contractor is duly incorporated or otherwise legally organized and, validly existing and in good standing under the laws of the State of Georgia, and has all requisite power and authority to enter into and perform its obligations under this Contract. 2. Authority. a. The Contractor has the authority to execute this Contract, to make the representations and warranties set forth in it and is appropriately skilled, organized and financially able to perform the obligations of Contractor under this Contract in accordance with its terms. Attachment number 4Page 8 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 9 b. This Contract has been validly executed by the authorized representatives of the Contractor and constitutes a legally binding, enforceable obligation of Contractor. 3. Government Authorizations and Consents. The Contractor has or will obtain prior to the commencement date such licenses, permits, and other authorizations from federal, state, and other governmental authorities, as are necessary for the performance of its obligations under this Contract. 4. Compliance With Laws. The Contractor is not in violation of any applicable law, ordinance or regulation, the consequence of which will or may materially affect Contractor’s ability to perform its obligations under this Contract. The Contractor is not subject to any order or judgment of any court, tribunal, or governmental agency which could materially and adversely affects its operations or assets in the State of Georgia, or its ability to perform its obligations under this Contract. 5. Accuracy of Information. None of the representations or warranties in this Contract and none of the documents, statements, certificates or schedules furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obligations contemplated under this Contract, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. 6. Independent Examination. In accepting these responsibilities, the Contractor represents and affirms that it has made its own examination of all conditions, facilities, and properties affecting the performance of this Contract and of the quantity and expense of labor, equipment, materials needed, and of applicable taxes permits and laws. The Contractor affirms that within the Collection Area/Section(s) it is aware of the present placement of collection Carts at the curb, alley, or backyard locations, and the present location of Handicapped/Special Needs customers. The Contractor represents and warranties that it is capable of continuing to collect Carts from their present locations. Section 50: County Representations and Warranties The County represents and warrants to the Contractor as follows: 1. Organization and Qualification. The County is a political subdivision of the State of Georgia and has all requisite corporate power and authority to enter into and perform its obligations under this Contract. Attachment number 4Page 9 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 10 2. Authority. a. The County has the authority to execute this Contract, to make the representations and warranties set forth in it and to perform the obligations of the County under this Contract in accordance with its terms. b. This Contract has been validly executed and constitutes a legally binding and enforceable obligation of the County. 3. Government Authorizations and Consents. The County has such licenses, permits and other authorizations, as are necessary for the performance of its obligations under this Contract, and no consent, approval, or authorization of or declaration, registration or filing with any governmental or regulatory body is required to be obtained or made by the County as a prerequisite to its execution of this Contract or its performance of its obligations contemplated hereby. 4. Compliance With Laws. The County is not in violation of any applicable law, ordinance or regulation, the consequence of which will or may materially affect the County’s ability to perform its obligations under this Contract. The County is not subject to any order or judgment of any court, tribunal, or governmental agency which materially and adversely affects its operations or its ability to perform its obligations under this Contract. 5. Accuracy of Information. None of the representations or warranties in this Contract and none of the documents, statements, certificates or schedules furnished or to be furnished by the County pursuant hereto or in connection with the performance of the obligations contemplated under this Contract, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. Section 55: OSHA & Georgia Law Compliance – Health & Environmental 1. The Contractor shall comply with the Federal Occupational Safety and Health Act of 1970, as amended (OSHA) and the Official Code of Georgia and with the standards and regulations issued to implement these statutes from time to time. 2. The Contractor is also responsible for meeting all pertinent local, state and federal health, safety and environmental laws, regulations, and standards applying to collection of Garbage, Yard Waste, Recycling and Bulky Waste. Attachment number 4Page 10 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 11 Section 60: Vehicles Used in Collection 1. All vehicles used for collection shall be registered with the State of Georgia Department of Motor Vehicles, and shall be kept in a clean and sanitary condition and a state of good appearance and repair, and shall be painted in a uniform manner. 2. All collection vehicles shall be painted by Contractor in Contractor’s color(s). Color(s) and color schemes are subject to approval by the County, in its reasonable discretion. Vehicles shall be uniquely numbered. Contractor’s name and vehicle number shall be painted in a contrasting color, at least four inches high on each side of the vehicle and on the rear of the vehicle. The Contractor shall place a sign and/or text as determined by the County, which may include a County customer service telephone number on all collection vehicles on each side and the rear of the vehicle. All collection vehicles shall be kept in a clean and sanitary condition. 3. All collection vehicles or personnel must be equipped with a communication device (i.e. cell phone or radio) which allows for immediate communication between the collection vehicle and a supervisor, and/or the Contractor’s office. 4. Collection vehicles shall be sufficient to service all participating Units for which they are intended to service at the frequency of collection specified and able to handle special requirements of the Contract including adverse weather and holiday overloads. 5. All vehicles used by management personnel, including route supervisors, operations manager, etc. shall be equipped with cell phones with voice mail so that they can be contacted by the County. 6. All vehicles operated under the authority of this Contract shall be driven in compliance with Uniform Rules of the Road and Georgia State traffic laws and, where applicable, the County’s codes, ordinances, and rules. 7. The Contractor’s collection vehicles shall be used only on this Contract, unless advanced written approval is given by the County. The Contractor may use collection vehicles from other sources or use Contract vehicles for other operations only with the prior written approval of the County. Should the County authorize either of the above mentioned approvals, at no time may non-contract waste be included with Contract waste. This provision is subject to Section 560. 8. The Contractor shall not park or store any collection vehicles on County property. Should the County identify that a vehicle violates this provision; the Contractor shall be notified by phone, fax, or e-mail. Should the vehicle not be removed in a reasonable period, or should the vehicle become a nuisance, a safety issue, or an operational issue, the vehicle will be towed out of the way Attachment number 4Page 11 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 12 or to the Contractors shop, at the Counties discretion, at the sole expense of the Contractor. Said expense will be deducted from the amount owed to the Contractor for the current month. 9. The Contractor shall make a reasonable effort to empty each collection vehicle at the end of each day. Section 62: Spare Vehicles 1. The Contractor shall have a minimum spare ratio sufficient to provide quality service under this Contract. Spare vehicles shall be allowed to collect from any route, collecting any material. Spare vehicles shall meet the appropriate standards set forth herein for normal vehicles. Spare vehicles will be counted toward the average age of the fleet. 2. The Contractor shall be responsible for ensuring that spare assets are available for each subcontractor to meet the above stated standard. 3. When a spare vehicle is used, notification to the County must be received in advance. The advanced notice shall include at a minimum, the date, truck number, route it will be servicing, and commodity serviced. Other information may be reasonably requested by the County. Advance notice type shall be by fax or e-mail, or other reasonable communications as determined by the County. Section 65: One Vehicle One Purpose Under this Contract, each collection vehicle shall be designated to collect one (1) type of material such as Garbage, Yard Waste, Recycling, or Bulky Waste. The collection vehicle may not be allowed to switch commodities collected without the prior written approval of the County. Consideration will be given to Contractors wishing to: 1. Utilize multi-collection type vehicles. 2. Technology and/or processing advances. 3. Bulky waste collections, as long as materials are acceptable at the appropriate disposal site. 4. Improve utilization of assets. 5. Other considerations as may arise. Any consideration request must be made in writing. The County’s decision to the consideration request shall be final and binding. Attachment number 4Page 12 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 13 Section 70: Disposal/Vehicle Inspections and Permits 1. The Contractor is responsible for any and all fees associated with disposal permits, inspection fees, truck stickers, etc. These permits shall be timely obtained and/or posted and/or may be required by a solid waste disposal site, a licensing authority, a government, by truck, by commodity or some other item or combination. 2. The County landfill will charge a one hundred dollar ($100) annual fee for each disposal sticker required. 3. Prior to the Start Date, and annually thereafter, the County shall have the right to inspect all vehicles used to perform the Contract. The vehicle shall, at a minimum, meet the Federal Department of Transportation standards, as well as requirements listed in this Contract. A fee or reimbursement may be collected from the Contractor for each individual inspection in an amount not to exceed one hundred and fifty dollars ($150) per inspection. Should a vehicle not pass inspection, the Contractor shall remedy any inspection deficiency identified and have the vehicle re-inspected. All expenses associated with the repair and re-inspection shall be the sole responsibility of the Contractor. 4. The County may do random spot inspections as it deems reasonably necessary. 5. Should the vehicle not pass inspection, the vehicle shall not be used under this Contract until the vehicle has been repaired and passes such re-inspection. Section 75: Vehicle Specifications 1. On or before the Start Date of this Contract, all vehicles used in collections shall be in good operating order. All collection equipment used under this Contract shall meet all applicable state and federal safety standards. 2. At no time shall the average age of vehicles used in the collection Contract exceed five (5) years in age for any Contractor, the subcontractors vehicles are attributed to the Contractor's fleet. 3. Should a vehicle use a cart tipper/dumper, it shall be designed to empty carts pursuant to ANSI Z245.60-1999 and ANSI Z245.30-1999. Cart tippers/dumpers which do not meet this requirement shall not be used. If a cart tipper/dumper is used that does not meet the above mentioned specification, the Contractor shall be responsible for all damages to Carts to include the cost of repair or replacement. Attachment number 4Page 13 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 14 4. All collections vehicles used to perform functions under this Contract shall be equipped with the following in complete and sound working order: a. Ambient noise back-up alarm. b. Back-up camera with monitor visible from any driving position. c. A 10 pound fire extinguisher. d. A first aid kit. e. Minimum of three safety marking devices (flares, or reflective triangles). f. A rear-mounted strobe light activated while collecting materials. g. Spill kit of a size to handle operational spills. 5. All supervisors vehicles used to perform functions under the Contract shall be equipped with the following in complete and sound working order: a. A 10 pound fire extinguisher. b. A first aid kit. c. Minimum of three safety marking devices (flares, or reflective triangles). d. Spill kit of a size to handle operational spills. Section 80: Ownership of Equipment 1. All vehicles, facilities, equipment, and property used in the performance of this Contract shall be wholly owned by the Contractor, provided, that leases, conditional sales contracts, mortgages, or other agreements for the use or financing the purchase of vehicles, facilities, equipment, and property may be allowed with the prior written approval of the County. 2. No further encumbrance shall be placed upon any such vehicles, facilities, equipment, and property without the prior written approval of the County. Section 85: Asset Maintenance and Inventory The Contractor shall provide the County, prior to the Start Date, a complete inventory showing property, buildings, key assets, and each vehicle (make, model, type, capacity, age, commodity collected, truck number, and VIN) used for performing the Contract. The Contractor may change equipment from time to time with the prior written approval of the County, not to be unreasonably withheld. The Contractor shall maintain assets and a vehicular fleet during the performance of the Contract at least equal substantially to that described in the inventory. Section 90: Traffic Laws, Noise Control All vehicles must operate in conformity with all federal, state and local laws, rules, or ordinances related to traffic and noise control. Attachment number 4Page 14 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 15 Section 95: Contractor’s Office The Contractor shall maintain within fifteen (15) miles of Augusta, Georgia (Augusta- Richmond County) an office with local telephone service and such staff as needed to receive and respond to complaints, requests for missed collections, and other coordination with citizens and County staff. Phone service shall include phone lines and voice mail adequate to handle the citizens’ and the County’s demand as reasonably necessary, cable modem internet access or equivalent speed, as well as designated e-mail account(s) to be used with this Contract. Any voice message or e-mail shall be responded to/returned by the Contractor’s office staff within sixty (60) minutes. Office hours shall be 8:00 a.m. to 5:00 p.m., Monday through Friday. The office shall be open 8:00 a.m. to noon any Saturday after a holiday, or on any Saturday that a regularly scheduled route is operated. The Contractor shall also provide a local telephone number where the Contractor may be contacted at any time by the County. Attachment number 4Page 15 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 16 B. Collection Services Section 100: Collection Area The Contractor shall provide all collection services called for in this Contract within the following area: See Exhibit A for a general overview of the Collection Area(s), however; The County will assign and the Contractor will retain their currently awarded/designated Collection Areas. For Contractors utilizing subcontractors, the subcontractor(s) Collection Areas/Sections may not be altered from their existing state without the prior written approval of the County. The County reserves the right to request and/or negotiate with the Contractors to swap/exchange portions of Collection Areas throughout the life of this Contract. Section 102: Days of Collection The Contractor shall make all collections on the days of Monday through Friday, or as otherwise required by County due to the nature of the services provided. Any deviations to this shall have prior written approval from the County, and the County shall have the final and sole decision. Section 104: Garbage Collection Garbage shall be collected twice weekly on a set schedule: 1. The Contractor shall collect the following materials as Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other materials normally associated with household waste. 2. The Contractor shall collect Garbage from designated Units which have been placed in the appropriate Cart for collection. 3. The Contractor and the County may by mutual agreement establish other reasonable specifications regulating the size, quantity, configuration, and placement of Garbage eligible for collection. 4. The Contractor shall exercise good faith to ensure that Yard Waste and/or Recycling materials which a customer has properly segregated are not placed in the collection vehicle that collects Garbage. Intentional disposal of Yard Waste and/or Recycling with Garbage shall be subject to Section 560 of this Contract. 5. The Contractor shall collect Garbage which is placed for collections that are in accordance with this Contract. It shall be the Contractor’s responsibility to Attachment number 4Page 16 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 17 give notice to the County staff if it believes Garbage is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Garbage from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. 6. If Garbage is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 106: Yard Waste Collection 1. Yard Waste shall be collected once every week with the first Garbage collection of the week for the same Units. 2. The Contractor shall collect the following materials as Yard Waste: plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, including sod; and biodegradable waste as approved by the County. The Contractor shall not collect as Yard Waste loose soil, Garbage, food waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil contaminated with hazardous substances. 3. The Contractor shall collect Yard Waste from designated Units which have been placed in piles, bundles, marked, identified, or open top cans or in a kraft paper bag not to exceed 32 gallons in capacity. The Contractor shall not collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds each. The Contractor shall not collect Yard Waste that has been placed in plastic bags. Christmas trees will be eligible for collection as Yard Waste, and are not required to meet the above stated standards so long as lights and decorations have been removed. 4. The Contractor shall collect all Yard Waste with size limits of, not larger than five (5) inches in diameter nor longer than five (5) feet, and stacked in piles not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth. 5. The Contractor and the County may by mutual agreement establish other reasonable specifications regulating the size, quantity, configuration, and placement of Yard Waste eligible for collection. 6. The Contractor shall exercise good faith to ensure that non Yard Waste materials are not placed in the collection vehicle. The Contractor shall not knowingly collect Yard Waste contaminated by fecal matter, unsegregated Garbage, hazardous substances or other ineligible material. Attachment number 4Page 17 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 18 7. The Contractor shall collect Yard Waste which is placed for collections that are in accordance with this Contract. It shall be the Contractor’s responsibility to give notice to the County staff if it believes Yard Waste is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Yard Waste from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. 8. If Yard Waste is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 108: Recycling Collection 1. Recyclables shall be collected once every week with the second Garbage collection of the week for the same Units on a set schedule. 2. The Contractor shall collect the following materials as Recycling: paper, cardboard, newspaper, plastic, aluminum, bi-metal, steel, tin, and other items determined to be recyclable by the County. 3. The Contractor shall collect Recycling from designated Units which has been placed in the appropriate Bin for collection. 4. The Contractor and the County may by mutual agreement establish reasonable specifications regulating the size, quantity, configuration, and placement of Recycling eligible for collection. 5. The Contractor shall use reasonable efforts to ensure that non-recyclable materials are not placed in the collection vehicle. The Contractor shall not knowingly collect Recycling containing unsegregated Garbage, Yard Waste, hazardous substances or other ineligible material. 6. The Contractor shall collect Recycling which is placed for collections in accordance with this Contract. It shall be the Contractor’s responsibility to give notice to the County staff if it believes Recycling is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Recycling from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. Attachment number 4Page 18 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 19 7. If Recycling is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 110: Bulky Waste Collection 1. Bulky Waste shall be collected once every week with the second Garbage collection of the week for the same Units on a set schedule. 2. Bulky Waste refers to furniture, appliances, tires, and other items too large to be reasonably placed into a Cart as defined herein with a size limit of, not longer than five (5) feet, and stacked in piles not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth, or equivalent volume. Construction debris shall be limited to an amount that is equal to 25% of the allowable pile by volume. 3. The Contractor shall collect Bulky Waste from designated Units which have been placed to the curb for collection. 4. The Contractor and the County may by mutual agreement establish reasonable specifications regulating the size, quantity , configuration, and placement of Bulky Waste eligible for collection. 5. The Contractor shall use reasonable efforts to ensure that non Bulky Waste materials are not placed in the collection vehicle. The Contractor shall not collect Bulky Waste containing unsegregated Garbage, Yard Waste, hazardous substances or other ineligible material. 6. No more than two (2) tires shall be collected from any single Unit per collection. 7. Prior to disposal of any item containing refrigerant, the Contractor shall have had the refrigerant removed/properly recycled by a licensed company in business to do such work. Such proof may be required by a disposal facility, or the County. The removal/properly recycling of refrigerant shall be at the sole cost of the Contractor. 8. The Contractor shall collect Bulky Waste which is placed for collections that are in accordance with this Contract. It shall be the Contractor’s responsibility to give notice to the County staff if it believes Bulky Waste is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes Attachment number 4Page 19 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 20 does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Bulky Waste from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. 9. If Bulky Waste is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 112: Additional Carts 1. The residents of the Contract Area may request one or more additional Carts and/or Bins from the Contractor for an additional volume of collection. 2. The Contractor will be paid for extra Carts at the rate specified in Exhibit B. 3. All additional Carts and/or Bins must be approved by the County prior to being delivered. Section 114: Place of Collection 1. The normal collection point for Garbage, Yard Waste, Recycling and Bulky Waste shall be at curbside or at the right of way. Special arrangements may be made by both the County and the Contractor on a case-by-case basis to accommodate extraordinary situations. 2. The County on a case-by-case basis may require alley collection. If alley collection is required, the County will work reasonably with the Contractor and the affected customer(s) to get all services to the alley to prevent collection from both the alley and the street. 3. The County shall monitor any collection routes or a portion of a route on a regular basis to determine if the Contractor is placing Carts/Bins back in their original locations in a neat and orderly manner after collection. Carts/Bins shall be carefully handled by the Contractor and shall be thoroughly emptied and left substantially near to the location where it was found and standing upright This work shall be done in a sanitary manner and the Collector shall immediately pick up any waste spilled by the Contractor. 4. The Contractor shall provide special service(s) for those individuals who are unable to place their Carts/Bins out for collection in the usual manner due to being Handicapped/Special Needs at a place mutually agreeable between the County and the Contractor. Any dispute over the correct placement for individuals Handicapped/Special Needs will be finally determined by the Attachment number 4Page 20 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 21 County. In the event that the Contractor is to provide back door service, the property owner must sign a waiver of liability and return it to the Contractor and the County. 5. If it would appear to a reasonable person that the Contractor is not placing Carts/Bins back substantially near their original locations in a neat and orderly manner, the Carts/Bins upright, and thoroughly emptied then the Contractor could face damages as stated in Section 560 Liquidated Damages. Section 116: Collection from Additional Locations The County may add additional collection points within the Collection Area at its sole option. This could include items such as County Cans, Bus Stops, Businesses, County Buildings, or any other locations as directed by the County. Areas of the County that were not included in the awarded Collection Area’s may be added to an awarded Collection Area at a later date. Should services be required that are not called for in this Contract, the Contractor and the County may negotiate to provide said services at a negotiated service level and cost. Section 120: Force Majeure Clean Up 1. The trigger event for this section shall be when the following items are all met: a. The County enacts the Emergency Management Center and; b. The Contractor is asked to provide services above and beyond the services normally provided for by this Contract. 2. In the event of a Force Majeure that requires clean up, the County must make all requests in writing. The Contractor shall have twenty-four (24) hours after receipt of written notice to start the clean-up project unless Contractor can demonstrate the timeline is unreasonable and shall finish such project within a reasonable time. 3. The Contractor will be paid at the rate(s) specified in Exhibit C of this Contract. 4. Under this provision, the County may alter the specifications of the Garbage, Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation. 5. The County at its sole option may authorize the Contractor to temporarily discontinue one type of service to provide additional resources to other service types. Attachment number 4Page 21 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 22 6. The Contractor shall document the resources used, time to collect, volume and/or weight, or other statistical data as requested for each assigned project as requested by the County. 7. To establish “normal volumes”, the County will average the previous three (3) months tonnages hauled for the specific commodities prior to the event. Then subtract that from the total Force Majeure Clean Up volumes for each month of the clean up. This will determine the additional volumes collected, and the monthly event tonnage that will be paid for the monthly amounts above the three prior month’s average. 8. Should the County decide to discontinue one type of service and replace it with another; the discontinued services average volumes for the previous three (3) months will be deducted from the Force Majeure volumes to accurately reflect the increased volumes due to the event. Section 122: Eviction, Vacant Lot, Special Clean-up 1. The County may require the Contractor to collect from an eviction. If the materials are not in compliance with other provisions of this Contract the Contractor will be paid at the rate specified in Appendix D of this Contract. 2. The County may require the Contractor to collect from a vacant lot. If the Contractor collects waste from a vacant lot, the Contractor will be paid at the rate specified in Appendix D of this Contract. 3. The County may require the Contractor to collect waste from a property as a special clean-up. If the Contractor collects waste under this provision, the Contractor will be paid at the rate specified in Appendix D of this Contract. 4. All materials under this section will be placed to the curb for collection. 5. The County shall make all requests in writing under this section. The Contractor shall have twenty-four (24) hours from receiving the request to collect said materials. 6. The Contractor shall document the resources used, time to collect, volume and/or weight, or other statistical data as requested for each assigned project as requested by the County. Attachment number 4Page 22 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 23 Section 124: County Clean-up Events During the term hereof, Contractor shall provide the following Clean-up events at no additional charges: 1. Summer Neighborhood – In the Month of June, the Contractor shall provide unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste so long as the following is met: a. Garbage shall be placed in boxes, bags, cans or other means to properly secure it from blowing away prior to collection, and shall not exceed fifty (50) pounds in weight per box, bag, can, etc. b. Contractor shall collect Yard Waste which has been placed in piles, bundles, marked, identified, or open top cans or in a kraft paper bag not to exceed 32 gallons in capacity. The Contractor shall not collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds each. The Contractor shall not collect Yard Waste that has been placed in plastic bags, exceeds a maximum length of (5) feet and/or has a diameter greater than 5 inches. 2. Winter Neighborhood – In the Month of January, excluding the first year of the Contract, the Contractor shall provide unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste so long as the following is met: a. Garbage shall be placed in boxes, bags, cans or other means to properly secure it from blowing away prior to collection, and shall not exceed fifty (50) pounds in weight per box, bag, can, etc. b. Contractor shall collect Yard Waste which has been placed in piles, bundles, marked, identified, or open top cans or in a kraft paper bag not to exceed 32 gallons in capacity. The Contractor shall not collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds each. The Contractor shall not collect Yard Waste that has been placed in plastic bags, exceeds a maximum length of (5) feet and/or has a diameter greater than 5 inches. 3. Masters Event – In the full week preceding, during and after the Masters Golf Tournament, an unlimited amount of Garbage shall be collected so long as the following is met: Attachment number 4Page 23 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 24 a. Garbage shall be placed in boxes, bags, cans or other means to properly secure it from blowing away prior to collection, and shall not exceed fifty (50) pounds in weight per box, bag, can, etc. Section 126: Time of Collection The Contractor shall make collections between 6:00 a.m. and 6:00 p.m. Monday through Friday, and 6:00 a.m. to 12:00 p.m. on Saturday if a route is run on that day unless the County authorizes an extension of hours. Such authorizations must be in writing and be prior to any extended hours of operation. An additional extension of hours will be granted on the Saturday following a holiday that is acknowledged in the Contract (Section 138). Those collection hours shall be 6:00 am to 6:00 p.m. Section 128: Scheduling of Collection 1. For collection of Garbage, the Contractor shall divide the Collection Area into two reasonably equal collection sectors, with one sector to be collected each Monday and Thursday, and the other sector collected each Tuesday and Friday. 2. The two collection sectors shall be bounded by natural boundaries, such as bodies of water, major highways or arterials when at all possible. Any boundaries that are on secondary or residential roads shall be divided on the back of property lines to ensure both sides of the street are collected on the same day and route. Collections shall be made from Units on a regular schedule on the same day at approximately the same time. 3. Not less than thirty (30) days prior to the start date of this Contract, the Contractor shall supply the County with a map of the Collection Area showing the day(s) of the week for which Garbage, Yard Waste, Recycling and Bulky Waste shall be collected from each sector. Each sector shall be labeled with the day of collection. A second map shall be created for each sector that shall include route boundaries, route numbers, and the truck numbers that will normally collect the route for each commodity/service. Maps must be generated in a format acceptable to the County. Maps must be defined well enough, with enough detail, that County staff may electronically recreate said maps. 4. At least thirty (30) days prior to the start date, the Contractor will notify all Units by direct mail or door hanger, to the service address, of the collection day(s) services will be performed. Notifications shall be in a pre-approved format. Attachment number 4Page 24 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 25 5. Should the Contractor wish to alter routes or days of collection, the Contractor shall provide the County at least twenty one (21) days’ notice. Any customers affected by a day change must be notified at least seven (7) days prior to the change via direct mail or door hanger to the service address, and all changes will be made in the first full week of a month. The Contractor shall provide the County an electronic listing of the changes at least seven (7) days prior to the date of the change. The form of notice to the customer shall be subject to the approval of the County 6. The County shall have the opportunity to review and approve any and all routes, day of collection changes or any other changes effecting service and schedules. All requests to alter the current service or schedule shall be made in writing. After approval and before implementation, the County shall receive updated maps of the Collection Area indicating the changes in service and/or schedule at a level equal to those listed above. Section 130: Work on County Property The Contractor will ensure that its employees shall, whenever on the County’s property, obey all instructions and directions issued by the County to include posted signs. The Contractor agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the County when on County property. Section 132: Disposal and Recycling Locations 1. The Contractor shall deliver all Garbage collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. 2. The Contractor shall deliver all Yard Waste collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. 3. The Contractor shall deliver all Recycling collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. 4. The Contractor shall deliver all Bulky Waste collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. Attachment number 4Page 25 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 26 5. All items collected and required to go to the County’s Landfill shall be delivered Monday through Friday by 5:00 p.m. and Saturday by 12:00 p.m. 6. No disposal fees shall be charged for disposal of Garbage, Yard Waste, Recycling or Bulky Waste. The County shall bear all cost(s) associated with disposal. 7. The County has the right from time to time to change the hours of operation at the County’s Landfill. 8. The County has the right from time to time to change the disposal facility for any given commodity which may have different hours of operation than the current disposal facility. 9. Should the County elect to change the disposal facility/location, which causes a significant cost increase to the Contractor, the Contractor may petition the County for an equitable adjustment. If the change in the disposal facility/location causes a significant cost decrease to the Contractor, the County may petition the Contractor for an equitable adjustment. 10. The Contractor shall require that all personnel who exit any vehicle at the Landfill or other disposal facility must wear a “hard hat” at all times and high visibility clothing as set fourth in Section: 220. 11. Any time that materials are not disposed of at the Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, documentation of disposal will be required. Documentation needs will be set by the County but could include items such as yardage, tonnage, date, time, ticket number, copies of tickets, etc. Section 134: Ownership of Materials Collected Collected Garbage, Yard Waste, Recycling, and Bulky Waste shall be the property of the Contractor until the collected Garbage, Yard Waste, Recycling, and Bulky Waste is disposed of at the assigned disposal facility. Once materials are disposed of at the assigned disposal facility, the materials collected shall be the property of the County or owner of said disposal facility, subject to the right of a customer to claim lost property of value. Section 136: Scavenging No “scavenging” by the Contractor, Subcontractor(s) or any of their employees shall be allowed. Scavenging means sorting through Garbage, Yard Waste, Recycling, or Bulky Waste while collecting, looking for items of possible value or picking out individual pieces for reuse while loading or unloading. Scavenging excludes searches by the original owners for valuables accidentally misplaced or that may be lost. Attachment number 4Page 26 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 27 Section 138: Holiday Schedule The Contractor shall provide collection services on all legal holidays except New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Material regularly scheduled to be collected Thanksgiving Day shall be collected on Friday, the day after Thanksgiving. Friday’s material shall be collected on Saturday. If Christmas, New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly scheduled workday, collections will be delayed one day and Friday’s materials shall be collected on Saturday. Should a holiday fall on a Saturday or Sunday, no adjustments will be made. Waste will be collected on the regular schedule on the following week. The Holiday Schedule may be amended from time to time, to meet the needs or wishes of the County. Section 140: Service Disruptions Due to Weather Service disruptions due to weather shall occur when one (1) or more of the following events have occurred. 1. The County closes for a weather related issue. 2. The County notifies the Contractor of the County’s wish to have the Contractor suspend services for weather related issues. 3. The Contractor notifies the County of the Contractors wishes to suspend services for weather related issues. The County shall reasonably evaluate the situation, and make a determination of such conditions. When snow or ice or other weather conditions prevent collection on the scheduled day, the Contractor shall make collection on the next weekday. If such conditions continue for a second consecutive day or more, the Contractor shall, on the first day that regular service to a customer resumes, collect all the materials that the customer is authorized to have, i.e. if one collection day is missed and the customer is on 95 gallon service, the Contractor shall collect 190 gallons of material. On the day that collections resume, the Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary receptacles that customers have used when the collection Carts/Bins have been filled. Section 142: Service Disruptions – Non Weather A number of collection impediments may require special efforts to accomplish collection under this Contract. Attachment number 4Page 27 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 28 1. On-Street Parking Certain neighborhood streets allow “on-street parking” which may present impediments to curbside collection services. The Contractor shall perform collection services even if the curb is blocked. 2. Blocked Streets/Renovations/Construction When closure of roadways providing access, blocked streets or other disruption beyond the Contractor’s control prevents timely collection on the scheduled day, the Contractor shall attempt collection later on that collection day. If collection is still not possible, the Contractor must notify the County prior to 4:30 p.m. on the day of service. The Contractor must provide to the County the reason collection was unachievable and the Unit(s) block range, street name, as well as the times that collections were attempted. If collection was not possible, the Contractor shall provide service on the next business day. Section 144: Missed and Make-up Collections 1. Should the Contractor fail to make a collection on a scheduled day for causes within the Contractor’s control, the Contractor shall make a special make-up collection by the end of the same business day, if notification of the missed collection is received by noon that business day, if notification is received after noon, a make-up collection shall be scheduled for the following business day with collection of the miss to be completed by noon. For the purpose of Section 144, the “business day” includes Saturday. 2. Notwithstanding the foregoing, the County may require the Contractor to do the following: a. Authorize the Contractor to defer the collection and authorize the customer to place a proportionally larger amount of waste on such customers next scheduled collection day, and to accommodate such disposal, the Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary receptacles that customers have used when the collection Carts and/or Bins have been filled. 3. It shall be a defense to a missed collection that the customer had not made timely placement of his or her waste out for collection; that placement did not comply with provisions of this Contract, or that materials collected did not comply with provisions within this Contract, provided that the Contractor shall have left an approved printed tag (red tag) on all material left because it was not properly prepared, it was overweight, or for other reasons. If Garbage, Yard Waste, Recycling or Bulky Waste is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the Attachment number 4Page 28 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 29 problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. 4. Should the customer have failed as outlined above, the County may require the Contractor to do the following, provided that the customer has resolved said issue: a. Authorize the Contractor to collect and authorize the customer to place a proportionally larger amount of waste on such customers next scheduled collection day, and to accommodate such disposal, the Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary receptacles that customers have used when the collection Carts and/or Bins have been filled. This provision shall exclude Yard Waste and Bulky Waste. 5. The Contractor, no later than 10:00 a.m. the next business day, must notify the County of any collections the Contractor has refused or been unable to make the previous day. It shall include the address, time of attempted collection, and reason for non-collection. This list shall be referred to as the Exception List “EL”. 6. If the County transmits a “miss” complaint to the Contractor which is on the EL, and it is a miss which the Contractor should not collect due to the fact that the material is overweight or contains material that should not be collected and a red tag was properly left, the Contractor shall note on the miss that the address is on the EL and note the reason that is was not collected and return the miss complaint to the County within two (2) business hours of its receipt, and the miss shall not be collected. 7. All miss complaints transmitted to the Contractor on Friday must be collected by noon on Saturday. If it appears to the County that the Contractor is not collecting these misses by noon Saturday, the County has the option of contracting with another collection firm to collect these misses. The cost of this option will be deducted from the Contractor’s payment. 8. This section applies to omitted collections of a single Unit, a row of Units and/or an entire route. 9. Failure to comply with the above stated provisions shall have Liquidated Damages as stipulated in Section 560. Attachment number 4Page 29 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 30 Section 146: Contract Carts 1. The Contractor shall provide all Garbage carts for this Contract. A specific rental rate will be charged for each Cart used under this Contract for the current month. The cart rental rate will be the monthly rate as specified in Exhibit B of this Contract 2. At the end the initial Contract period, the Contractors Carts shall become the property of the County free and clear, with no further encumbrance due. 3. Should the County elect to replace the Contractors Carts with Carts provided by the County, at any point in the Contract, the Contractor shall promptly remove their Carts and replace them with the Carts provided by the County. Once Carts are received by the Contractor, no further rental rates may be charged for the Contractors Carts as defined above. 4. Should the County elect to replace the Contractors Carts, the Contractor will be paid a proration for the month in which the (County owned) Carts were received by the Contractor. The proration amount for each Cart received by the Contractor shall be calculated by taking the monthly Cart rental rate in Exhibit B and dividing it by thirty one (31) days, then multiplying that number by the number of days from the first of the month until the date the County Carts were received by the Contractor multiplied by the number of Carts received. Prorations and implementation amounts will be paid as follows: a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount. b. 101-200 Carts received, the Contractor shall be paid the proration plus seven (7) days from the date of receipt. c. 201-300 Carts received, the Contractor shall be paid the proration plus fourteen (14) days from the date of receipt. d. 301-400 Carts received, the Contractor shall be paid the proration plus twenty one (21) days from the date of receipt. e. In excess of 400 Carts received, the Contractor shall be paid the proration plus thirty (30) days from the date of receipt. Example: See Attached Example Below Section 148: Supplying Garbage Carts 1. The Contractor will supply the Customers with Carts for distribution to the Customer. Carts will be a water-tight plastic container that is provided by the Contractor, that shall not be less than 95 gallons in capacity, fitted with a Attachment number 4Page 30 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 31 sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Garbage. 2. Carts for new customers shall be delivered within two (2) days of notification from either the customer or the County. Carts will be delivered in a clean, sanitary, working condition. 3. The Carts shall be provided with instructions of proper use, including any customer actions that would void manufacturer’s warranties, such as placement of hot ashes in the Cart causing the Cart to melt, and procedures to follow to minimize potential fire problems. A pamphlet explaining the dos and don’ts, program requirements, directions for placement of the Cart, and notification of the day of the week when the customer will receive collection will be provided with each Cart. 4. The pamphlet containing the dos and don’ts, program information and the directions for placement shall be supplied by the County. 5. No other cans or Carts may be placed into service unless approved by the County or as otherwise noted in the Contract. 6. Should a customer require a replacement Cart due to loss, stolen or damage, the Contractor has two (2) days to replace the Cart with a Cart in clean, sanitary, working condition. A list of lost or damaged Carts will be provided to the County with the Monthly Report, to include address so the County may bill the appropriate party. The Contractor is responsible for all repairs to Carts. Only factory or approved parts may be used to repair said Carts. Any damaged Carts, which are owned by the County, that can not be repaired by the Contractor shall be returned to the County so they may follow the warranty process. 7. If a customer discontinues service, the Contractor has two (2) days to collect the Cart. 8. All Carts physically returned to the County shall be clean, sanitary, and in working condition, unless being returned for damages beyond repair, then the Cart must be returned clean and sanitary. Section 150: Supplying Recycling Bins 1. The County will supply the Contractor with Bins for distribution to the Customer. A bin is a water-tight plastic container that is provided by the County, that shall not be less than 65 gallons in capacity, fitted with a sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Recycling. Attachment number 4Page 31 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 32 2. Bins for new customers shall be delivered within two (2) days of notification from either the customer or the County. Bins will be delivered in a clean and sanitary condition. 3. The Bins shall be provided with instructions of proper use, including any customer actions that would void manufacturer’s warranties, such as placement of hot ashes in the Bin causing the Bin to melt, and procedures to follow to minimize potential fire problems. A pamphlet explaining the dos and don’ts, program requirements, directions for placement of the Bin, and notification of the day of the week when the customer will receive collection will be provided with each Bin. 4. The pamphlet containing the dos and don’ts, program requirements and the directions for placement shall be supplied by the County. 5. No other cans or Bins may be placed into service unless approved by the County or as otherwise noted in the Contract. 6. Should a customer require a replacement Bin due to loss, stolen or damage, the Contractor has two (2) days to replace the Bin with a Bin in clean, sanitary, working condition. A list of lost or damaged Bins will be provided to the County with the Monthly Report, to include address, so the County may bill the appropriate party. The Contractor is responsible for all repairs to Bins. Only factory or approved parts may be used to repair said Bins. Any damaged Bins that can not be repaired by the Contractor shall be returned to the County so they may follow the warranty process. 7. If a customer discontinues service, the Contractor has two (2) days to collect the Bin. 8. All Bins returned to the County shall be clean, sanitary, and in working condition, unless being returned for damages beyond repair, then the Bin must be returned clean and sanitary. Section 152: Cart/Bin Storage The Contractor shall provide storage space for carts and bins. The Contractor shall provide enough space to store the equivalent of two and a half percent (2.5%) of the total number of units serviced for the Collection Area for each type of Cart and Bin offered or cumulative total there of. Example Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and 125 recycling Bins = 250 total carts/Bins stored. Attachment number 4Page 32 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 33 Section 154: Minimum Cart/Bin Percentage The Contractor shall keep a minimum inventory of one half of one percent (½%) of each size Cart and Bin used under with this Contract. Section 156: Cart/Bin Replacement Cost The County shall have the right to charge the Contractor for the cost of repair or replacement of Carts and/or Bins which are owned by the County, if such repair or replacement is required as a result of abuse or damage caused by the Contractor. The County shall have additional rights to charge the Contractor for the cost of replacement Carts and/or Bins, if such replacement is required as a result of fire or theft caused by the Contractor, or on/from Contractors property . A list of lost, damaged, destroyed, or stolen Carts/Bins will be provided to the County with the Monthly Report so the County may bill the appropriate party. The Contractor is responsible for all repairs to Carts/Bins. Any damaged Bins that can not be repaired by the Contractor shall be returned to the County. Section 158: Delinquent and Closed Accounts The Contractor shall discontinue any and/or all collection services at any Unit(s) as set forth in a written notice sent by the County. Upon further written notification by the County, the Contractor shall resume any and/or all collections on the next regularly scheduled collection day. Section 160: Meetings and Communication In order to minimize problems during implementation of the Contract, to provide a forum for discussing and resolving any operational questions or issues that may arise, and for updating the Operations Plan the parties agree to meet on a regular basis as follows: 1. The period from the date the Contract is awarded until six months after the actual collection services begin (or such earlier date as may be mutually agreed to by the parties) shall be referred to as the “Implementation Phase”. During the implementation phase, meetings shall be held between representatives of the parties on a weekly basis, or on such more or less frequent basis as may be mutually agreed. The primary purpose of such meetings shall be to develop and/or refine the Operations Plan, to evaluate the Contractor’s performance in implementing the Contract, to evaluate Cart and Bin delivery progress or problems, to air and seek resolution of complaints, to discuss any actual or perceived problems with service, and to discuss promotion, public information and public relations. Attachment number 4Page 33 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 34 2. After the Implementation Phase, meetings shall be held at least on a quarterly basis, unless otherwise mutually agreed to, between representatives of the parties. Such meetings shall be held for the purpose of reviewing and discussing day to day operations, promotion, public information, and public relations. 3. Meetings shall be held at the offices of the County unless otherwise agreed. Each party shall be available for at least 90 minutes per meeting, unless otherwise agreed in advance. Meetings shall be held during normal business hours. Section 162: Program Information During Contract Start-Up All items listed below may be generated by the County. Prior to the start date of the Contract, the Contractor shall deliver to all Units receiving services, the materials created by the County to address issues such as the following. This list may not be all inclusive. 1. Materials to be collected and how such materials are to be prepared. 2. Date that the customer shall begin using the new Cart/Bin that was delivered. 3. Cart and material placement information. 4. Contractor’s telephone number that customers should call for additional information or for questions. 5. Telephone number of the County department that customers can call for additional information or for questions. The Contractor shall be responsible for informing the Customer of the Collections schedule for each Unit serviced prior to the start date. The format of said information shall be printed, and delivered to each service address via door hanger or other approved format. The Contractor shall have approval from the County prior to any distribution of these materials. The above information may further be required to be attached to any new Cart/Bin delivered or anytime that a Cart/Bin is delivered to a customer. The County shall approve all customer information materials, promotions, and educational activities and materials developed by the Contractor in advance of their production, implementation, or distribution. All public information materials will conform to the County’s guidelines and include the County’s identity. Attachment number 4Page 34 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 35 Section 164: Program Information The Contractor shall deliver informational packets and/or door hangers to each service address up to two (2) times per year at the discretion of the County. The literature for said information will be generated by the County. Attachment number 4Page 35 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 36 C. Manner of Collection Section 200: Contractor’s Responsibilities The Contractor shall be responsible for furnishing all labor, materials, equipment, and supervision necessary to perform the collection, processing, and other items described in this Contract. Section 210: Employee Conduct 1. The Contractor is responsible for providing supervision necessary to ensure that collection employees are courteous, exercise due care, do their work without delay, minimize noise, avoid damage to private property, close and relock all gates and doors that they open, and if on private property, follow the regular pedestrian walkways and paths, and not cross flower beds, lawns or through hedges. While collecting, employees shall wear or carry identification supplied by the Contractor. The identification shall be subject to approval of the County. 2. When the County identifies unsatisfactory conduct by an employee and the County notifies the Contractor of such conduct, the Contractor shall take remedial action. The remedial action shall be appropriate to the level of unsatisfactory conduct, provided that if the County requests of the Contractor that an employee be suspended from further work on the Contract for unsatisfactory conduct, the Contractor will permanently remove the employee from further work on the Contract. 3. The Contractor will notify the County of remedial action taken in its monthly reports. 4. The County will cooperate with the Contractor by supplying to the Contractor the names and contact information, when known, of the complainant as well as known witnesses. 5. Through the process identified above, the County will have the sole right to require the removal and replacement of such employee(s) by the Contractor and/or subcontractors. The County shall exercise such right by providing written notice to the Contractor via U.S. Mail, fax or email. Such notice will include the County’s reason for the request. 6. The Contractor will replace any personnel who separate from Contractors employment with equivalently qualified persons. The Contractor will replace such personnel as soon as reasonably possible, and in any event within thirty (30) days after the Contractor receives notice that an employee will be leaving. Attachment number 4Page 36 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 37 7. The term “personnel” shall include all staff provided by the Contractor or its subcontractors who have worked or perform services under this Contract. Section 220: Employee Uniforms 1. Employees who perform collections or who supervise collection activities shall wear a uniform. Uniforms shall be of similar type and color for collections employees. Supervisors shall have some differing uniform characteristic to identify such authority (such as a different color shirt or notation on their name badge). 2. The uniform shirt shall be worn buttoned up within one button of the top button and tucked into the pants/shorts. The shirts must be kept in a clean professional manner. Shirts must remain free from rips, holes and stains. T- Shirts are allowed, so long as they meet all other Contract provisions. Tank tops and sleeveless shirts are not allowed. 3. The uniform must comply with a minimum standard of the American National Standards Institute “ANSI” class II requirements for visibility. Should the Contractor elect a uniform that does not meet this criteria, then a high visibility alternative (such as a vest) meeting the minimum standard of ANSI class II shall be worn at all times while collecting and disposing of materials under this Contract. 4. The uniform pants/shorts shall be worn above the hips and should have a length not less than one (1) inch above the knees. Pants/shorts must be kept in a clean professional manner. Pants/Shorts must remain free from rips, holes and stains. All pants/shorts must be hemmed and have a finished look. 5. The uniform outerwear must comply with a minimum standard of ANSI class II requirements for visibility. Should the Contractor elect outerwear that does not meet this criteria, then a high visibility alternative (such as a vest) meeting the minimum standard of ANSI class II shall be worn at all times while collecting and disposing of materials under this Contract. 6. All uniform shirts and outerwear shall have the company name placed in a conspicuous place. In addition, supervisors shall have the word “supervisor” placed in a conspicuous place. Section 230: Spillage 1. The Contractor shall pick up any material scattered or spilled during collection by the Contractor and clean up the area affected within three (3) hours of notification of the incident. Each truck shall carry equipment (such as a broom, shovel spill kit, etc) for this purpose. Attachment number 4Page 37 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 38 2. The Contractor shall immediately, or within one (1) hour of notification, commence clean up of any paint, hydraulic, transmission, or other oil spill, or commence clean up of any spillage which creates a hazardous condition (such as spillage involving glass). For any hazardous spill, the Contractor must notify the County immediately. 3. Failure to comply with these requirements is subject to Section 560 Liquidated Damages. Section 240: Damage Claims 1. The Contractor shall be responsible for any damages to real property, personal property and personal injury to the extent caused by negligent or willful acts or omissions and is caused in whole or in part by the Contractor, its employees, agents, or subcontractors in performing work under this Contract. 2. The Contractor shall notify the County immediately of any damages and/or damage claims as set forth in the section above, and shall indemnify and hold harmless the County for same. Written notice of any damages and/or damage claims shall be provided to the County within two (2) days, and shall include the name, address, telephone number, description of incident, witness information and the description of the remedy. The Contractor shall actively work to resolve the claim timely, timely shall mean within ten (10) working days after the Contractor has received notice of damages. Claims shall be resolved within thirty (30) days. For extenuating circumstances, upon written request from the Contractor, the County at its sole option may extend the above mentioned time period. If the damage claim is deemed as Contractors responsibility by law enforcement, their designee, or independent individual/organization trained to investigate such items and is not resolved within the applicable period, the County may take any action it deems necessary to make the injured party whole and deduct the same from amounts due the Contractor. Section 250: Customer Grievances The Contractor will designate a representative to adjudicate customer grievances. At the County’s request, the representative will join the County in meeting with an aggrieved customer within 24 hours of notification to resolve a complaint about spillage, a refusal to serve or a missed pick-up and/or other deficiency in service or a need for handicapped/special service or other specific Contract provisions. Attachment number 4Page 38 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 39 D. Reporting/Information Requirements Section 300: Report/Information Specifications Throughout the life of this Contract a series of reports and information will be required by the Contractor. These reports and information are called for throughout the Contract. The County reserves the right to dictate format, style and to the extent possible, standardization of all reports and information required under this Contract. The County may require reports in hard copy and/or electronic copy for any and all reports. Listed below is a guide to some of the reports/information included in this Contract. This list may not be inclusive of the reports or information required by the Contractor under this Contract. The County further reserves the right to alter the reporting requirements from time to time. 1. Spare vehicle utilization – (Section 62) 2. Asset Inventory List (Section 85) 3. Handicapped/Special Needs – as needed (Section 114) 4. Force Majeure Clean-Up – as needed (Section 120) 5. Eviction, Vacant Lot, Special Clean-Up – as needed (Section 122) 6. Disposal and Recycling – as needed (Section 132) 7. Service Disruption – as needed (Section 142) 8. Red tag, not out, etc. – daily (Section 144) 9. Lost and/or Damaged Carts (Section 148 and 150) 10. Employee remedial action – (Section 210) 11. Damage Claims – (Section 240) 12. Service increase/decrease – (Section 410) 13. CPI increase – (Section 430) 14. Equal Employment – (Section 600 and 610) 15. DBE – (Section 630) 16. Emergency Plan – (Section 700) Attachment number 4Page 39 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 40 E. Compensation Section 400: Payment for Collection Services 1. The County shall pay the Contractor monthly for all collection services under this Contract. Payment shall be based on the number of Units collected that are receiving Garbage service in the Contract Area. 2. A Unit will be “billable” in the current month if the Unit starts services on the 1st through the 14th day of the month. The Unit will be “billable” the following month if the Unit starts services on the 15th through the 31st day of the month. 3. Should a Unit sit vacant/idle, and no service rendered for a full month, then that Unit shall not be “billable” and should be removed from the Contractors monthly invoice and service list. 4. The County shall deduct any assessments due from the payment owed to the Contractor. 5. The County shall add additional moneys owed for additional services provided for under this Contract. Section 410: Payment Procedure 1. The Contractor shall generate and submit a service listing of all current customers, including service address and Cart/Bin numbers, which meets the definition(s) provided by the Solid Waste Department, which is at least 99% accurate by November 1, 2005. 2. The Contractor shall maintain its service listing with at least 99% accuracy, listing any service increases or decreases meeting the above stated requirements for the month of December, 2005. 3. The Contractor shall submit a monthly invoice to the County within five (5) business days from the end of the month. The invoice shall be for services performed in the previous month at a Unit Price for that period of the Contract as outlined in Exhibits B, C, and D, as well as Section 400 and other provisions in this Contract. 4. The Contractor shall submit a monthly list of all service increases or decreases to the number of Units as defined by this Contract along with the above stated invoice. The Contractor is required to supply the date the Unit went into service, the address of the Unit, and any Cart/Bin numbers. The net difference will either be added to or subtracted from the prior months final Unit count. Attachment number 4Page 40 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 41 5. The County shall pay the Contractor within thirty (30) days of receipt of an undisputed invoice. 6. Payment requests shall be accompanied by: b. Data supporting the payment request to include a Unit list with name, service address and Cart/Bin number(s) as necessary to substantiate the Contractors right to remittance of the amounts invoiced. c. Certification from the Contractor that it has fully and properly performed all items of the work covered by the payment request, that all insurance and bonds required are in full force and in effect, and all subcontractors and suppliers have been paid from previous requests, and that the Contractor is not in default of any provision of the Contract. d. Certification from the Contractor that it has fully and properly met all obligations under the reporting requirements sections of the Contract, and has done so fully and honestly. e. Payment for services will not be paid until the above mentioned items have been received. 7. Should the County dispute any portion of the invoice, it shall within thirty (30) days of receipt of the invoice, provide the Contractor with a detailed itemized list of such objections. Section 420: Contract Unit Price See Exhibit B. Section 430: Adjustments 1. CPI Adjustment a. The Contractor shall be entitled to one hundred percent (100%) of the actual percentage change in the CPI (as hereinafter defined). b. The “CPI”. Means the Consumer Price Index for All Urban Consumers (“CPI-U”), Atlanta, Georgia – Atlanta, Georgia, All Items, 1982-1984 equals 100, published by the United States Department of Labor, Bureau of Labor Statistics (“BLS”), or its successor. If BLS designates an index with a nes title or code number or table number as being the continuation of the index cited above, the new index will be used, or if no new index is designated, the most nearly compatible index shall be used. Attachment number 4Page 41 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 42 2. General conditions for adjustments. a. The CPI Index percentage change will be determined from January 1st to December 31st of the previous year, with an implementation of the increase on June 1st, and every June 1st thereafter with the first increase starting in June of 2007. b. The Contractor must notify the County in writing by March 31st of each year beginning March of 2007, of the amount and percentage of any rate adjustment allowed under this section. If timely notice is not received by the County, no increase will be allowed for that year. c. In any event, the adjustment will be limited to a maximum increase or decrease of four percent (4%) annually. Section 440: Wage Increases for Employees All wage increases for collectors or any other employees of the Contractor granted during the term of this Contract shall be the sole responsibility of the Contractor. Any benefits or added costs resulting from changes in technology, laws and regulations, labor practices, availability of equipment, and other foreseeable business risks that may affect the performance of this Contract shall be the Contractor’s advantage or expense respectively, except noted herein. Section 450: Withholding and Payment of Tax Liens and Judgments The County may withhold and pay to the United States of America or to any federal court, or the State of Georgia or any state court, the amount claimed in a levy filed by the United States Internal Revenue Service or the Georgia State Department of Revenue, respectively, the amount directed by a writ of garnishment, writ of attachment, or writ of execution or by an order of a Bankruptcy Court, and/or by any court order, each for monies claimed from the Contractor. When presenting such an order, the County may in its discretion institute interpleading proceedings. The County may make a payment in conjunction with the interpleaded action to the appropriate court. Payments so made or deposited into the registry of the court shall be satisfaction of payment due to the Contractor. Attachment number 4Page 42 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 43 F. Security, Liability, Damages Section 500: Payment Bond 1. The Contractor shall furnish the County a bond with a corporate surety acceptable to the County in the amount equal to twenty five (25%) of the annual Contract amount. The bond shall be valid and non-cancelable for a period not less than one (1) year and the Contractor shall provide a new bond, or evidence satisfactory to the County of the renew ability of the current bond at least forty five (45) calendar days before it expires. 2. The initial payment bond must be in place fifteen (15) days prior to the Start Date of the Contract. 3. The bond shall be for the use and benefit of the County, with a surety company authorized to do business in the State of Georgia and acceptable to the County. Said bond shall be conditioned that should such Contractor faithfully pay all laborers, mechanics, subcontractors, material men, and all persons who shall supply such Contractor or subcontractors with provisions and supplies for the performance of this Contract, said bond shall be null and void and shall be further conditioned that any person(s) performing such work or services, said bond shall contain appropriate recitations that it is issued pursuant to this Contract. Section 510: Performance Bond 1. The Contractor shall furnish the County a bond with a corporate surety acceptable to the County in the amount equal one hundred percent (100%) of the annual Contract amount. The bond shall be valid and non-cancelable for a period not less than one (1) year and the Contractor shall provide a new bond, or evidence satisfactory to the County of the renew ability of the current bond at least forty five (45) calendar days before it expires. 2. The initial payment bond must be in place fifteen (15) days prior to the Start Date of the Contract. 3. The bond shall be for the use and benefit of the County, with a surety company authorized to do business in the State of Georgia and acceptable to the County. Said bond shall be conditioned that should such Contractor faithfully perform each and every term, condition, and provision of this Contract, said bond shall be null and void and shall be further conditioned that any person(s) performing such work or services, said bond shall contain appropriate recitations that it is issued pursuant to this Contract. Attachment number 4Page 43 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 44 Section 520: Default of Contractor 1. This section is independent, notwithstanding any other provisions of this Contract. The Contractor may be held in default of the Contract in the event the Contractor: a. Fails to perform ninety percent (90%) of the collections required by this Contract and appears, to the County, to have abandoned the work, or to be unable to resume collections within forty-eight (48) hours. b. Has failed on any occasion of two (2) consecutive working days, in any year, or ten (10) days in a calendar year to perform the collections required by the Contract; except as provided in Section 140. c. Fails to comply with the terms of Section 600 through 640 upon written notice by County with 15 days to cure. Said cure period will only apply to the first offense of similar offenses. d. Fails to furnish and maintain a Performance and/or Payment Bond per Section 500 and 510. e. Fails to furnish and maintain the Insurance requirements per Section 540. f. Fails to be granted and/or receive prior written approval of a change of control or other provision as defined in Section 875. g. Repeatedly neglects, fails, or refuses to comply with any of the terms of the Contract, after having received notice of its obligation to do so. 2. To initiate proceedings under this Section, the County shall give notice to the Contractor and its surety. Within 7 days, Contractor may demand a at which the Contractor may show cause why it should not be declared in default or why it should be given the opportunity to cure said default. In the event the Contractor fails to show, to the reasonable satisfaction of the County, why the Contractor should not be declared to be in default of this Contract, the County may make a declaration of default. In evaluating whether to make such a declaration of default, the County shall, in its discretion, consider the severity of the alleged violations, and the overall performance of the Contractor under the Contract. 3. In declaring the Contractor to have defaulted on the Contract, the County also may order the Contractor to discontinue further performance of work under the Contract and transfer the obligation to perform such work from the Contractor to the surety on the Contractor’s performance bond and take any other action it deems advisable. Attachment number 4Page 44 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 45 4. Under receipt of a notice that the work has been transferred to the surety without termination of the Contract, the surety shall take possession of all materials and equipment described in the most recent inventory submitted to the County pursuant to Section 85 hereof, for the purpose of completing the work under the Contract, employ, by the Contract or otherwise, any person and/or all persons needed to perform the work; and provide materials and equipment required therefore. Such employment shall not relieve the surety of its obligations under the Contract of bond. If there is a transfer to the surety, payments shall be made to the surety or its agent for all work performed under the Contract subsequent to such transfer, in amounts equal to those that would have been made to the Contractor had it performed in the manner and to the extent of the surety’s performance, and the Contractor shall have no claim upon the same. 5. In the event the surety on the Contractor’s performance bond fails to assume or continue performance within two (2) days after its receipt of notice that the work has been transferred to such surety, the Contractor shall be deemed to have leased, subleased, or otherwise license the County to use all, or whatever portion is desired by the County, of the materials and equipment described on the most recent inventory submitted to the County pursuant to Section 85 hereof, for collection (and processing) purposes for a period of up to one (1) year following the date of the declaration of default by the County without requiring the County to execute any other document whatsoever to accomplish such lease, sublease, or license and without requiring the County to post any bond, pledge, deposit or other security for such equipment and materials, but upon the condition that the County pay for the equipment and materials actually used for such collection a market rental that is no greater than (i) the monthly lease, in the event such property is leased by the Contractor, (ii) the periodic installment, in the event such property is being acquired under a purchase Contract, (iii) the periodic financing interest and principal, in the event such property is being acquired under a purchase Contract, or (iv) the financing arrangement; provided, that under no circumstances shall the County be liable during its use of such property for any arrearages, balloon payment, accrued interest, accelerated charges in the event of a default, or other extraordinary payment; nor shall the satisfaction thereof be a condition of the County’s interim use of such property; provided, further, that such lease, sub-lease, or license shall be suspended the date the surety on the Contractor’s bond or its agent accepts the transfer of work under the Contract. 6. In the event the County secures the performance of work under the Contract at a lesser cost than would have been payable to the Contractor had the Contractor performed the same, then the County shall retain such difference; but in the event such cost to the County is greater, the Contractor and its surety shall be liable for and pay the amount of such excess to the County. Attachment number 4Page 45 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 46 7. All payments due the Contractor at the time of default, less amounts due the County from the Contractor, shall be applied by the County against damages suffered and expense incurred by the County to reason of such default, any excess shall be paid to the Contractor unless otherwise provided herein. 8. Notwithstanding the provisions of this Section, a delay or interruption in the performance of all or any part of the Contract resulting from causes beyond the Contractor’s control, as defined in section 880, shall not be deemed to be a default and the rights and remedies of the County provided for herein shall be inapplicable; provided that all labor disputes as defined in section 880 hereof shall not be considered a cause beyond the Contractor’s control as defined in section 880. Section 530: Commitment of Equipment 1. Unless a replacement or substitute is provided, all vehicles, facilities, equipment and property identified in the Contractor’s inventory under Section 85 for use in the performance of this Contract (called “such property”) shall be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky Waste. When provided, this Section applies to the replacement and substitute. 2. For the duration of this Contract, any document (including a lease to or by the Contractor, financing Contract, acquisition over time, mortgage, or other instrument establishing a security interest) that encumbers or limits the Contractor’s interest in such property shall: a. Allow the surety on the Contractor’s performance bond to take over the Contractor’s obligations and to continue the use of the equipment in service for performance of the Contract; b. Allow the County to take over the Contractor’s obligations and to continue the use of the equipment in service for performance of the Contract; c. Exempt the County from liability during its usage of such property for arrearages, balloon payments, accrued interest, accelerated charges on account of a default, or other extraordinary payments, and not make satisfaction thereof a condition of the County’s interim usage; and d. Forbare any foreclosure, trustee’s sale or other dispossession of the Contractor’s interest in such property without giving both the County and surety on the Contractor’s performance bond sixty (60) days prior notice, and then make any termination of the Contractor’s interest in such property pursuant to such action or the enforcement thereof subject to the requirement of Subsections 1, 2, and 3 of this section. Attachment number 4Page 46 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 47 3. To assure compliance with this Section, the Contractor shall submit to the County for review and approval or disapproval prior to execution all contracts, leases, or other documents for acquisition of, or encumbering or limiting the Contractor’s interest in, such property or for replacements thereof and any proposed agreement that would encumber or transfer any interest of the Contractor in such property before the Contractor’s execution of such agreement. The County’s approval shall not be unreasonably withheld. Section 540: Insurance 1. Contractor shall at all times during the term of this Contract, obtain and maintain continuously, at its own expense, and file with the County evidence of a policy or policies of insurance as enumerated below, which name the County as an additional insured: 2. A policy of Commercial General Liability Insurance, written on an insurance industry standard occurrence form, including the following coverage’s: a. Premises/Operations Liability b. Products/Completed Operations Liability c. Personal/Advertising Injury d. Contractual Liability e. Independent Contractors Liability f. Stop Gap/Employers Contingent Liability g. Explosion, Collapse, or Underground (XCU) h. Fire Damage 3. Such Policy(ies) must provide the following minimum limits: a. Bodily Injury and Property Damage b. $2,000,000 General Aggregate c. $2,000,000 Products & Complete Operations Aggregate d. $1,000,000 Personal & Advertising Injury e. $250,000 Fire Damage Attachment number 4Page 47 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 48 4. Stop Gap Employers Liability: a. $1,000,000 Each Accident b. $1,000,000 Disease – Policy Limit c. $1,000,000 Disease – Each Employee 5. A policy of Business Automobile Liability including coverage for owned, non-owned, leased or hired vehicles written on an insurance industry standard form or equivalent. Such policy(ies) must provide the following minimum limit: a. Bodily Injury and Property Damage b. $1,000,000 Per Person c. $2,000,000 Per Occurrence 6. A policy of Workers Compensation Insurance. With respects to Workers Compensation insurance in the State of Georgia, the Contractor shall secure its liability for industrial injury to its employees in accordance with the provisions of § 34-9-1 et seq, Official Code of Georgia Annotated. Such policy must provide the following minimum limits: a. Statutory coverage for injuries and occupational disease. b. $1,000,000 Employer’s Liability. 7. Any deductible or self-insured retention must be disclosed and is subject to approval by the County. The cost of any claim payments falling within the deductible shall be the responsibility of the Contractor. 8. If any such policy is written on a “Claims Made” form, the retroactive date shall be prior to or coincident with the Start Date of this Contract. The policy shall state the coverage is “Claims Made”, and state the retroactive date. Claims made from coverage shall be maintained by Contractor for a minimum of two years following the expiration or earlier termination of this Contract, and Contractor shall annually provide the County with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the County to assure financial responsibility for liability for services performed. Attachment number 4Page 48 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 49 a. Additional Insured and Primary Insurance Provisions: Such insurance, as provided under items (1), and (2) above, shall be endorsed to include the County, its officers, elected officials, employees, agents, and volunteers as additional insured, and shall not be reduced or canceled without forty-five (45) days prior written notice to the County. In addition, Contractor’s insurance shall be primary and any other insurance maintained by the County shall be excess and not contributing insurance with the Contractors insurance. b. Evidence of Insurance: The following documents must be provided as evidence of insurance coverage: i. A copy of the policies declarations pages, showing the insuring company, policy effective dates, limits of liability and the schedule of forms and endorsements. ii. A copy of the endorsement naming the County as an additional insured showing the policy number and signed by an authorized representative of the insurance company for business auto liability and for the commercial general liability policy a form CG 2010 (ISO) or equivalent. iii. A copy of the “Endorsement Form List” to the policy or policies showing endorsements issued on the policy, and including any company-specific or manuscript endorsements. iv. A copy of an endorsement stating that the coverage’s provided by this policy to the County or any other named insured shall not be terminated, reduced or otherwise materially changed without providing at least forty-five (45) days prior written notice to the County. v. A copy of a “Separation of Insured” or “Severability of Interest” clause indication essentially that – except with respect to the limits of insurance and any rights or duties specifically assigned to the first named insured and separately to each insured against whom claim is made or suit is brought (Commercial General Liability and Business Automobile Liability Insurance). c. Policy Rating: All policies shall be subject to approval by the County as to company (must be rated A-:VII or higher in the A.M. Best’s Key Rating Guide and licensed to do business in the State of Georgia or issued as a surplus line by a Georgia Surplus lines broker), form and coverage, and primary to all other insurance Attachment number 4Page 49 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 50 d. Self Insurance: Should Contractor be self insured, under item (1), (2) and (3) above, a letter form a Corporate Officer stipulating if actuarially funds and fund limits; plus any excess declaration pages to meet the Contract requirements. Further, this letter should advise how Contractor would protect and defend the County as an Additional Insured in their Self- Insured layer, and include claims handling directions in the event of a claim. e. Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate evidence of insurance as stated above for each subcontractor. All coverage’s for subcontractors shall be subject to all the requirements stated herein and applicable to their profession. 9. Failure of the Contractor to furnish and maintain said Insurance requirements shall be considered a material default of this Contract. Section 550: Indemnity The Contractor(s) shall defend, indemnify and save harmless the County and the County’s officers, employees and agents from any and every claim and risk, and from all losses, damages, demands, suits, judgments and attorney fees, and other expenses of any kind (collectively “losses”) arising out of this Contract or the performance thereof; including but not limited to any personal injury, or death of any and all persons (including but not limited to the Contractor, its agents, employees, subcontractors and their successors and assignees, as well as the County or the County’s agents and all third parties); and including any property damage of any kind, whether tangible or intangible, including loss of use resulting there from, in connection with or related to the negligent or willful act(s) or omissions of the Contractor of its subcontractor which were caused in whole or in part by the Contractor or its subcontractor while performing work under this Contract, or in connection with or related to (in whole or in part by reason of) the presence of the Contractor or its subcontractors or their property, employees or agents, upon or in proximity to the property of the County or any other property (upon which the Contractor is performing any work called for), except only those losses resulting solely from the negligence of the County. Section 560: Liquidated Damages – Reasonable pre-estimate of Owners Damages 1. Augusta is committed to delivering quality solid waste disposal services to its citizens and maintaining clean streets and public areas. This Section establishes damages for failure to meet performance standards hereinafter set forth. This Section is independent of Section 511 – Default of Contractor. The County and Contractor expressly agree that the potential harm or injury to the County caused by the following incidents of substandard performance are difficult or impossible to accurately estimate. The County and Contractor stipulate that the following damages are a reasonable pre-estimate of the Attachment number 4Page 50 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 51 probable loss to the County and the public. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. 2. This Section is independent of Section 520 - Default of Contractor. The amounts agreed to herein for each act or omission are Liquidated Damages. Liquidated Damages may be set-off and deducted from the monthly payment to the Contractor. 3. This section will be effective on and after February 1, 2006. a. Performance Standard (Omission): Not placing Carts/Bins back in their original locations in a neat and orderly manner, Carts/Bins upright, and thoroughly emptied. (Section 114) Damage: $25 per incident b. Performance Standard (Omission): Commencement or completion of collections outside of contract specifications except as expressly permitted herein. (Section 126) Damage: $100 per incident (each truck is a separate incident plus starting early and ending late will be considered two events) c. Performance Standard (Omission): Failure to collect spillage. (Section 230) Damage: $100 per incident per day (each Unit represents a separate incident) d. Performance Standard (Omission): Failure to collect missed Garbage, Yard Waste, Recycling or Bulky Waste pursuant to this Contract. (Section 144) Damage: $25 per incident to a maximum of $500 per truck per day for each type of collection (Garbage, Yard Waste, etc.) Attachment number 4Page 51 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 52 e. Performance Standard (Omission): Failure to deliver or replace Carts/Bins as specified in the Contract. (Sections 148 and 150.) Damage: $25 per Carts/Bins per day. f. Performance Standard (Omission): Failure to start the Contract on the Start Date. Damage: $5,000 per day. g. Performance Standard (Omission): Mixing of Contract waste with non-contract waste. (Section 60) Damage: $5,000 per event h. Performance Standard (Omission): Intentional disposal of Yard Waste and/or Recycling Materials placed in a collection vehicle collecting Garbage. Damage: $100 per incident per day (each Unit represents a separate incident) (Section 104) 4. The liquidated damages set forth above are not intended to compensate the County for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude the County from recovering other damages in addition to the payments made hereunder which the County can document as being attributable to the above referenced failures. In addition to other costs that may be recouped, the County may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as attorney fees if applicable. Attachment number 4Page 52 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 53 G. Equal Opportunity/Non-Discrimination, Drug Free Work Place Section 600: Equal Employment Opportunity 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to the following: employment, upgrading, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices are provided, setting forth the provisions of this non-discrimination clause. 2. The Contractor agrees that it will inform the County of any alleged violation(s) of employment practices involving any employees who work under this Contract which are asserted in any claims filed with the Equal Employment Opportunity Commission, Labor Department, or any other federal or state compliance agency within ten (10) days of becoming aware of said claim. The Contractor will also inform the County of the final disposition of such cases within ten (10) days of becoming aware of the final disposition. Section 610: Equal Employment Opportunity – Implementation 1. The Contractor shall obtain in writing from each subcontractor or participant in a joint venture, an affirmative action policy or program and retain such written policy or program for inspection by the County. 2. The Contractor shall be responsible for the compliance of subcontractors or joint ventures. Appropriate sanctions for noncompliance will be imposed on the Contractor. The requirements for the Contractor apply to subcontractors, regardless of tier. The Contractor’s responsibility includes obtaining equal employment opportunity documentation from subcontractors or joint ventures and reviewing the same as to validity and compliance. The Contractor shall submit such documentation concurrent with the Contractor’s own submittals. 3. The Contractor will, prior to commitment and during the term of this Contract, furnish to the County upon their request and on such form as may be provided Attachment number 4Page 53 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 54 by the County, a report of the affirmative action taken by the Contractor in implementing the terms of these provisions, and will permit access to their records of employment, employment advertisements, application forms, other pertinent data records requested by the County for the purpose of investigation to determine compliance with this provision. If upon investigation, the County finds probable cause to believe that the Contractor has failed to comply with any of the terms of these provisions, the Contractor and the County shall be so notified in writing. The County shall give the Contractor an opportunity to be heard, after ten (10) days notice. If the County finds cause, the County may suspend the Contract and/or withhold any funds due or to become due to the Contractor, pending compliance by the Contractor with the terms of these provisions. Failure to comply with any of the terms of these provisions shall be a material default of the Contract. 4. The foregoing provisions will be inserted in all subcontracts for work covered by this Contract. Section 620: Contractor’s Hiring Goals - Gender 1. Without granting preferential treatment on the basis of gender, and without compromising the Contractor’s commitment to equal opportunity in employment practices, the Contractor agrees to use good faith efforts to ensure there are fair opportunities for women to participate in its workforce. The Contractor shall provide the County with Annual reports or proof as reasonably requested demonstrating its good faith efforts to comply with this goal. 2. Good Faith Effort as used in this Section refers to the Contractor’s affirmative efforts to ensure there are fair opportunities for qualified women to participate in the non-traditional aspects of the solid waste collection industry. 3. Evidence of the Contractor’s Good Faith Efforts shall include but will not be limited to: a. Efforts to ensure awareness by women of employment opportunities in the industry through (i) providing materials to be circulated and distributed concerning the breadth of opportunities, including, notices of full and part- time position openings and (ii) making clear to potential applicants the Contractor’ commitment to bring eligible employees into its workforce., regardless of gender. b. Efforts to assist all employees without regard to gender in being able to handle (i) the physical demands of the job through training in safety procedures, (ii) training in proper lifting techniques and other injury prevention measures and (iii) training in driving and operating equipment and; Attachment number 4Page 54 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 55 c. Efforts to maintain an equal opportunity work environment by (i) having regular and semi-annual planning/training sessions with workers outlining the Contractor’s policy prohibiting harassment, sexual harassment and its intention to strictly enforce the policy, (ii) offering women employees training to mitigate possible intimidating aspects of being the first female members of a traditionally male dominated occupation, (iii) offering training in increased productivity methods, and (iiii) providing special training to supervisory personnel for purposes of EEO and sexual harassment policy implementation. 4. The foregoing provisions will be inserted in all subcontracts for work covered by this Contract. Section 630: Good Faith use of Disadvantaged Business Enterprises It is an official policy of the Augusta-Richmond County Commission, other Augusta- Richmond officials, and employees, that all necessary and reasonable steps shall be taken to ensure that disadvantaged business enterprises including small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts. Further, the Augusta-Richmond County Commission has the option to establish incentives to promote business opportunities covered by Augusta-Richmond County Code§ 1-10-61. To implement this policy, County encourages minority participation through subcontracting, joint ventures, or other methods in contracting for services. In order to expedite the evaluation process, we have attached is the Checklist for Good Faith Efforts, Proposed Disadvantaged Business Enterprise Participation, and Letter of Intent to Perform forms. The Contractor should complete the Proposed DBE Participation Form, indicating the percentage of participation for this Contract. Augusta-Richmond County’s office of Disadvantaged Business Enterprise is available at (706) 826-1325 as a resource in identifying local Disadvantaged Business Enterprise (M/WBEs and SBEs). Definition(s) 1. Minority Person – A United States citizen or permanent resident alien (as defined by the Immigration and Naturalization Service) of the United States, who is Asian, Black, Hispanic, Native American, or female, also one who is economically and socially disadvantaged. 2. Disadvantaged Business Enterprise (M/WBE and SBE) - A business which is owned or controlled by minority persons who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social and economic disadvantages. The ownership interest must be real and continuous and not created solely to meet the minority business or Attachment number 4Page 55 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 56 minority contractor provisions of this Policy. More specifically, disadvantaged business refers to any small business concern which: a. Is at least fifty-one 51% owned by one or more minority citizens of the United States who are determined to be socially and economically disadvantaged? b. Is a corporation, with fifty-one percent (51%) of all classes of voting stock of such corporation must be owned by an individual determined to be socially and economically disadvantaged. c. Is a partnership, with fifty-one percent (51%) of the partnership interest is owned by an individual or individuals who are socially and economically disadvantaged and whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. Such individuals must be involved in the daily management and operation of the business concerned 3. Women Business Enterprise (WBE) – A business which is owned and controlled by one or more females and who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social and economic disadvantages. 4. Small Business Enterprise (SBE) – A local small business which has its principal office and place of doing business in Augusta-Richmond County which is not dominant in its field of operation and is regarded as small in size as measured by its annual gross receipts being less than $500,000. DBE Utilization 1. Obligation a. Contractors are required to make all possible efforts that are reasonable to ensure that M/WBEs and SBEs have full and fair opportunities to compete for performance by complying with the requirements of this clause. Included in these requirements is the achievement of a good faith effort to utilize Disadvantaged Business Enterprise under this Contract either directly or indirectly through work, services or supplies or other available means, and/or substantiation that there is a good faith effort to ensure that DBEs had the maximum opportunity to participate in the performance of work under this Contract. Contractors shall not discriminate on the basis of race, ethnicity, national origin or gender in the award and performance of the work under this contract. Attachment number 4Page 56 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 57 2. Compliance a. The Contractors participating in this contract are hereby notified that failure to fully comply with the County’s DBE policy, as set forth herein, shall constitute a breach of contract which may result in termination of the Contract or such other remedy as deemed appropriate by the County. 3. Requirements and procedures subsequent to Contract award and prior to issuance of notice to proceed a. Upon approval of the required DBE utilization documentation, including but not limited to (Contractor’s DBE Utilization Form; Proposed DBE Participation Form) the successful Contractor shall enter into a subcontract with each approved subcontractor. A copy of said sub-contract shall be provided to the County prior to the start date of the Contract. The Contractor, thereafter shall neither terminate nor significantly reduce the scope of work to be performed by, or significantly decrease the price to be paid to, the subcontractor there under, without, in each instance, prior written approval of the County. All requests are to be made in writing. An additional copy of said request shall be sent to: Director of Disadvantaged Business Enterprise 501 Greene Street, Suite 304 Augusta, Georgia 30901 b. DBE Substitutions – Failure to comply with the terms of the Contract, including required use of DBE’s as indicated on the Contractor’s Statement of the DBE Utilization form constitutes breach of contract, and may lead to the cancellation or termination of the Contract. The Contractor must notify the County, in writing of the necessity to substitute a new DBE in order to fulfill the DBE requirements prior to a substitution being made. The letter requesting approval of a substitution must give specific reasons for justifying release by the County of prior DBE commitments specified in the Contractor’s proposal. An additional copy of said request shall be sent to: Director of Disadvantaged Business Enterprise 501 Greene Street, Suite 304 Augusta, Georgia 30901 Actual substitution or replacement of DBEs to fulfill the DBE Contract requirements shall not be made before the County’s written approval is given as the acceptability of the substitute DBE. Attachment number 4Page 57 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 58 c. After award of the Contract, no waiver of the DBE requirements will be granted except in exceptional circumstances. Requests for complete or partial waiver of the DBE requirements of this Contract must be submitted in writing to the County, stating all details of the request, the circumstances, and any additional relevant information. The request must be accompanied by a record of all efforts taken by the Contractor to locate specific DBEs, to solicit DBE bids, and to seek assistance from the Office of the Disadvantaged Business Enterprise, (706) 826-1325. An additional copy of said request shall be sent to: Director of Disadvantaged Business Enterprise 501 Greene Street, Suite 304 Augusta, Georgia 30901 In cases, where an enterprise was previously considered to be DBE is found not to be bona fide, the County will consider the following special criteria in evaluating a waiver request. 1. Whether, the prime contractor was reasonable in believing the enterprise to be a bona fide DBE; and 2. Whether reasonable efforts were taken to substitute the DBE involved. 4. Reporting requirements and post award compliance a. To assist the County in determining the responsibility of the Contractor in adhering to the DBE requirements of the Contract, the successful Contractor shall submit the DBE validating information. 1. Attachment “A” and Attachment “B” shall be completed and submitted with proposal in a separate sealed envelope, indicate N/A if no participation. 2. All firms must have a valid and current certification awarded by the Office of the DBE; Department of Transportation; GDOT; or other recognized certification entity. b. Any Contractor found to have knowingly engaged in or participated in any attempt, directly or indirectly, to evade the requirements of this DBE Contract clause may be declared ineligible for any future contracts paid for, in whole or in part by the County. Furthermore, the Contractor may be held liable to the County for any forfeiture of funds or damages caused by a delay in the award or performance of the Contract resulting from the Contractor’s non- compliance. c. During the performance of the work under this contract, the Contractor shall keep such records as are necessary to determine compliance with its DBE Attachment number 4Page 58 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 59 utilization obligations. Records to be kept by the Contractor will indicate the actual DBE and non-DBE contractors, types of work being performed, actual dollar value of work, services, and procurement (See Attachment C). Notice shall be made in writing, and include a copy to the Office of Disadvantaged Business Enterprise, any time during the contract period that the Contractor anticipates the established DBE requirements on the Contract will not be achieved. In the event the Contractor does not achieve the established requirement, the records shall also include the following: (i) the progress and efforts being made in seeking out disadvantaged contractors for work on this project; and (ii) documentation of all correspondence, contacts, telephone calls, etc., to obtain the services of disadvantaged business enterprises on this project. d. During the Contract period, the Contractor shall submit reports (See Attachment C) monthly on contracts and other business transactions executed with DBEs with respect to the records cited to exact provision the records are referred to. The reports shall be in such a form, manner, and content as prescribed by the County. The report (See Attachment C) shall be submitted with each request for payment, no later than five (5) business days from the end of the month with a copy going to both the Solid Waste Department as well as to the Office of Disadvantaged Businesses Enterprise. Section 640: Non-Discriminatory Service The Contractor will not discriminate against any customer or County resident in the provision of service or quality of service on account of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide qualification to or for service. The Contractor shall provide the same good quality service throughout the Collection Area without regard to racial, ethnic, or cultural characteristics or relative standard of living of the neighborhood. Section 650: Drug –Free Workplace 1. The County is a drug-free workplace employer. The Contractor hereby certifies that it has or it will within thirty (30) days prior to the Start Date of the Contract: 2. Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition; 3. Establish a drug-free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Contractor’s policy of maintaining a drug-free workplace, (iii) any available drug counseling, Attachment number 4Page 59 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 60 rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations; 4. Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlined above, and (ii) notify the Contractor of any criminal drug statute conviction for a violation occurring in the workplace not later that five (5) days after such conviction; 5. Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by, an employee convicted of a drug crime; 6. Make a good faith effort to continue to maintain a drug-free workplace for employees; and require any party to which it subcontracts any portion of the work under the Contract to comply with the above provisions. 7. A false certification or the failure to comply with the above drug-free workplace requirements during the performance of the Contract shall be grounds for suspension, termination or debarment. 8. The foregoing provisions will be inserted in all subcontracts for work covered by this Contract. Attachment number 4Page 60 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 61 H. Operations Plan, Emergency Plan Section 700: Operations Plan 1. After the Contract has been awarded and no less than ninety (90) days prior to the Start Date, the Contractor shall prepare and submit to the County a comprehensive and detailed Operations Plan, which describes in detail all tasks, procedures and resources associated with the transition from the County’s current Contract for Garbage, Yard Waste, Recycling and Bulky Waste collection to the awardees of this Contract. The Operations Plan, once approved by the County, will become a part of this Contract. 2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities, events, procedures and resources necessary for the Contractor to provide for a smooth and efficient transition from the County’s current service providers to the Contractor awardees, with minimum disruption to the County’s Customer. The Operations Plan will further contain a time line and completion date for all such tasks and activities. The Contractor will ensure that certain essential operations as set forth in the Operations Plan will not be interrupted by any part of the transition. The Contractor shall seek the County’s input in developing the Operations Plan, and the Operations Plan shall not be deemed final until accepted in writing by the County. 3. The Operations Plan shall be maintained by the Contractor, and shall be updated and submitted to the County on a weekly basis throughout the implementation phase to reflect the current status of all work. Aside from updates to show tasks accomplished, no changes to the Operations Plan shall be made without the prior written approval of the County. 4. The County shall have the right to audit, on its own behalf or through agents, the Operations Plan and the progress of all work throughout the implementation. The County or its agents shall be entitled to conduct audits as it sees fit. 5. The Contractor will adhere to the schedule set forth in Operations Plan regarding the transition and implementation of its Garbage, Yard Waste, Recycling, and Bulky Waste. There shall be no extensions of the time periods or completion dates set forth in the Operations Plan without the County’s written consent. 6. When stating days in the Operations Plan, it is to be based on Calendar Days. 7. Throughout the implementation phase weekly reports will be made to the County regarding the progress of the transition. Attachment number 4Page 61 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 62 8. Samples of items to include in the operations plan would be; a. Acquiring assets, preparing assets for collection, scheduling asset inspections, etc. b. Asset Inspections. c. Developing asset inventory lists. d. Setting up contractors offices. e. Ensuring disposal stickers are purchased, and placed on vehicles. f. Setting up routes, and creating service maps. g. Procedures for notifying customers of new collection days. h. Procedures for orientation of collection and Cart/Bin delivery personnel including route coordination/cooperation with County staff. i. Identifying handicapped/special needs customers. j. Procedures for transmitting information to and from the County and the Contractor k. Procedures for applying, appealing and reversing liquidated damages. l. Standards for electronic transfer of information. m. Acquisition of bonds and insurance. n. Developing an emergency plan. Section 710: Emergency Plan 1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an Emergency Plan to the County which shall detail those actions which the Contractor will take to deal with emergency situations such as extreme cold temperatures, snow/ice, fire, or natural disaster which would require a deviation from normal operating procedures. 2. The Emergency Plan shall also include emergency phone numbers of the Contractor, and for key contact persons, such that a responsible contact person is available to the County at all times. The Emergency Plan must also include customer notification procedures. Attachment number 4Page 62 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 63 3. Upon submission of the Emergency Plan to the County, the County shall approve or reject the Emergency Plan. If the Emergency Plan is rejected, the Contractor and the County will begin negotiations to develop a mutually agreeable Emergency Plan prior to the Start Date of the Contract. 4. The emergency plan shall be updated annually in the month of January. Additional updates are required when items in the plan change or need updated. Attachment number 4Page 63 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 64 I. Ancillary Provisions Section 800: Assignment of Pledge of Monies by the Contractor The Contractor shall not assign or pledge any of the monies due under this Contract without securing the written approval of the surety on the performance bond as well as the payment bond and providing at least thirty (30) days prior written notice to the County of such assignments or pledge together with a copy of the surety’s approval(s) thereof. Such assignments or pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this Contract. Section 805: Assignment, Subcontracting, Delegation of Duties 1. The Contractor may not sub-Contract more than 50% of the total amount of collections and total work under this Contract without the prior written approval of the County. The Counties decision shall be final and binding. 2. Except for the subcontracting identified in the Contractor’s proposal, the Contractor shall not assign or subcontract or transfer any of the work or delegate any of its duties under the Contract without the prior written approval of the County, which approval may be withheld in the County’s sole discretion. Notwithstanding the foregoing, the County’s approval shall not unreasonably be withheld if the Contractor proposes to assign or transfer this Contract to an affiliate of the Contractor or to Contractors parent corporation, provided that Contractor can establish to the reasonable satisfaction of the County that (i) the assignee or transferee will operate the Contract in substantially the same manner as the Contractor, will use substantially the same management and collection personnel as Contractor, and possesses substantially the same financial capabilities as Contractor and (ii) the assignee or transferee is not affiliated in any way with the company that has a Contract for residential collection with the County for the portion of the County outside the Contractor Collection Area. 3. In the event of an assignment, subcontract, or delegation of duties, the Contractor shall remain responsible for the full and faithful performance of the Contract and the assignee, subcontractor, other obligor shall also become responsible to the County for the satisfactory performance of the work assumed. The County may condition its approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to the County to fully and faithfully complete the work or responsibility undertaken. 4. During the term of this Contract, the Contractor shall not have an ownership interest in any other company that has a Contract for residential collection with the County. Attachment number 4Page 64 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 65 5. Should a Contractor sub-contract work under this contract, a sub-contract contract/agreement shall be generated in writing. This agreement shall at a minimum include the area to be serviced, the price that the sub-contractor shall be paid, and the required sections under this contract that flow through to a sub-contractor. A copy of said agreement(s) shall be provided to the County within fourteen (14) days of execution. Section 810: Audit and Inspections 1. During the term of the Contract and for a period of one (1) year after the termination or expiration of the Contract for any reason, the County shall have the right to audit, either itself or through an agent, the books and records (including but not limited to technical records) of the Contractor to ensure the Contractor’s compliance with all the terms and conditions of the Contract. 2. During the term of the Contract, the County shall have the right to inspect any item deemed necessary to ensure that Contract provisions are/were being met. This can include, but is not limited to; site visits to the office or other locations used under this Contract, disposal locations, field, shop inspections or equipment, etc. Section 815: Contractor Will Not Sell or Disclose Data The Contractor will treat as confidential information, all data in connection with the Contract. County data processed by the Contractor shall remain the exclusive property of the County. The Contractor will not reproduce, copy, duplicate, disclose or in any way treat the data supplied by the County in any manner except as contemplated by this Contract. Section 820: No Publicity No advertising, sales promotion or other materials of the Contractor or its agents or representatives may be distributed to customers without prior written approval of the County. The Contractor, its agents or representatives shall not reference this Contract or the County in any manner without the prior written consent of the County. Section 825: Contract Rights 1. The parties reserve the right to amend this Contract from time to time by mutual agreement in writing. 2. Rights under this Contract are cumulative, and in addition to rights existing at common law. 3. Payment by the County and performance by the Contractor do not waive their Contract rights. Attachment number 4Page 65 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 66 4. Failure by either party on any occasion to exercise a Contract right shall not forfeit or waive the right to exercise the right of another occasion. The use of one remedy does not exclude or waive the right to use another. Section 830: Open Records Act Contractor acknowledges that County records including this Contract are subject to Georgia’s Open Records Act. Section 835: Interpretation 1. This Contract shall be interpreted as a whole and to carry out its purpose. This Contract is an integrated document and contains all the promises of the parties; no earlier oral understandings modify its provisions. 2. Captions are for convenient reference only. A caption does not limit the scope or add commentary to the text. Section 840: Law; Venue The laws of the State of Georgia shall govern the validity, construction and effect of this Contract. The venue for any claims, litigation or causes of action between the parties shall be in the Superior Court of the Richmond County, Georgia. Section 845: Discretionary Waiver of Right to a Jury Trial The Contractor and County may waive all rights to have a trial by jury in any action, proceeding, claim, or counterclaim brought by either of them against the other on any matter whatsoever arising out of or in any way related to or connected with the Contract. Section 850: Specific Performance and Injunctive Relief The Contractor agrees that the services are critical to the County’s operation and that monetary damages are not an adequate remedy for the Contractors failure to provide services as required by the Contract, nor could damages be the equivalent of the performance of such obligation. Accordingly, the Contractor hereby consents to an order granting specific performance of such obligations of the Contractor in a court of competent jurisdiction within the State of Georgia. The Contractor further agrees that a failure by it to perform the services in the manner required by the Contract will entitle the County to injunctive relief. Section 855: Notices 1. All official notices or approvals shall be in writing. Unless otherwise directed, notices shall be delivered by messenger, by certified or registered Attachment number 4Page 66 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 67 mail, return receipt requested, or by fax to the parties at the following respective addresses: To the County: To the Contractor: Assistant Director Contract Manager 4330 Deans Bridge Road P.O. Box 334 Blythe, GA. 30805 Evans, GA. 30809 (706) 592-9634 Phone (706) 860-2208 Phone (706) 592-1658 Fax (706) ________ Fax 2. Either party may from time to time designate a new address for notices. Unless a return receipt or other document establishes otherwise, a notice sent by U.S. Mail shall be presumed to be received the third business day after its mailing. Section 860: Severability Should any term, provision, condition, or other portion of this Contract or its application be held to be inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its purposes, the remainder of this Contract or its application in other circumstances shall not be affected thereby and shall continue in force and effect. Section 865: Interest of the Parties The Contractor covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner of degree with the performance of services required under the Contract. Section 870: No Bribery The Contractor certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the County in connection with the Contract. Section 875: Change in Control – Legal Counsel 1. In the event of a change in “Control” of the Contractor (as defined below), the County shall terminate the Contract for default unless the County has granted prior written approval. Such approval shall be at the sole discretion of the County. Any approval by the County for transfer of ownership or control shall be contingent upon the perspective controlling party becoming a signatory to the Contract and otherwise complying with the terms of the Contract. The Contractor shall notify the County within ten (10) days after it Attachment number 4Page 67 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 68 becomes aware that a change in Control will occur. As used in the Contract, the term “Control” shall mean the possession, direct or indirect of either; a. The ownership of or ability to direct the voting of, as the case may be fifty one (51%) or more of the equity interest, value or voting power of the Contractor; or b. The power to direct or cause the direction of the management and policies of the Contractor whether through the ownership of voting securities, by Contract or otherwise. Section 880: Force Majeure 1. The Contractor shall not be liable for any failure or delay in the performance of its obligations pursuant to this Contract (and such failure or delay shall not be deemed a default of this Contract or grounds for termination hereunder if all of the following conditions are satisfied: a. If such failure or delay i. could not have been prevented by reasonable precaution, and ii. cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work around plans, or other means, and b. If and to the extent such failure or delay is caused, directly or indirectly by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or revolutions, or court order. 2. Upon the occurrence of an event which satisfies all of the conditions set forth above, the Contractor shall be excused from any further performance of those obligations pursuant to this Contract affected by the Force Majeure for as long as; a. Such Force Majeure event continues and, b. The Contractor continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. 3. Upon the occurrence of a Force Majeure event, the Contractor shall immediately notify the County by telephone and confirmed in writing within two (2) days of the occurrence of a Force Majeure and shall describe in reasonable detail the nature of the Force Majeure. If any Force Majeure Attachment number 4Page 68 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 69 prevents the Contractor from performing its obligations for more than five (5) days, the County may terminate this Contract. 4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not excused under this provision. Attachment number 4Page 69 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 70 Section 885: Dispute Resolution 1. In the event of a dispute arising under this Contract, the parties shall continue performance of their respective obligations under this Contract and shall attempt to resolve such dispute in a cooperative manner. If the parties are unable to resolve the dispute, then, in addition to and without waiving any rights and remedies under this Contract or under civil or common law, the parties may voluntarily agree to arbitration pursuant to the terms of this section. 2. Within fifteen (15) days after agreement to arbitration has been reached, each party shall submit the name of its own arbitrator, selected from a panel of persons qualified by the American Arbitration Association and the two arbitrators shall select a third arbitrator from such panel within fifteen (15) days thereafter, or in case of a disagreement concerning the appointment of the third arbitrator, the third arbitrator shall be appointed from such panel by the presiding judge of Richmond County Superior Court. During such time that the arbitrators are being selected or appointed, the parties shall continue to negotiate in good faith to resolve their dispute in a cooperative manner. 3. The arbitrators shall apply applicable provisions of Georgia law in reaching their determination. The determination by the arbitrators shall be final and binding on the parties, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The County and Contractor shall use their best efforts to conclude all arbitration proceedings involving fee and rate adjustment disputes within thirty (30) days following the commencement of such arbitration proceedings. Any arbitration determination granting an increase in fees or rates may include an award of interest at the statutory rate until the date the increase becomes effective. 4. The arbitrators shall have the authority, but shall not be required, to award to the prevailing party in the arbitration proceedings reasonable attorneys fees, expert and non-expert witness costs and expenses, and all other reasonable costs and expenses incurred directly or indirectly in connection with the proceedings provided, however, the costs of the arbitrators shall be shared equally by the parties. Attachment number 4Page 70 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 71 ____________________________ ___________________________________ Augusta, Georgia (Augusta- Richmond County, Georgia) By:__________________________ As its Mayor Attest: _________________________________ Clerk of Commission The foregoing Contract is hereby executed by the below-listed parties: Contractor:___________________ By:_________________________ As its:_______________________ Sworn to and subscribed before me this _____ day of ____________________, 2005. _______________________________ Notary Public My Commission Expires:__________________ Attachment number 4Page 71 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 72 Example From Section 146 Assumptions 1. Cart rental rate in Exhibit B = $2.00 2. County elects to replace 250 carts. 3. Carts were received by the contractor on the 15th of the month. Calculations Proration Amount 1. ($2.00/31) = $.0645 (cents per day per cart) 2. ($.0645*15) = $.9675 (prorated amount per cart based on date received) 3. ($.9675*250) = $241.88 (amount owed based on prorated amount and the number of carts) Implementation Amount 1. ($.0645*14) = $.903 (prorated amount multiplied by allowed implementation days) 2. ($.903*250) = $225.75 (amount owed based on 14 days implementation multiplied by 250 carts) Total owed to Contractor $241.88 for prorated amount plus $225.75 for implementation period = $467.63 5. The County may ship the Contractor Carts which are assembled, unassembled, in single, limited, or truckload quantity. 6. All cost(s) associated with assembly and delivery of said carts shall be that of the Contractor. Attachment number 4Page 72 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 73 Exhibit A: Collection Area(s) Attachment number 4Page 73 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal-ADR.doc 74 Exhibit B: Rate Table Services Twice per week Once per week Garbage $9.90 Recycling $1.15 Yard Waste $1.75 Bulk Waste $0.95 Monthly Collections Cost $13.75 Additional Services Monthly Cart Rental Fee (per garbage cart provided by Contractor) $0.75 Extra Garbage Collection (per additional cart serviced) $5.00 Extra Recycling Collection (per additional cart serviced) $0.60 Attachment number 4Page 74 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 75 Exhibit C: Force Majeure Rate Table Rate Rate Per 10 Yard Roll Off $125.00 Pull 20 Yard Roll Off $125.00 Pull 30 Yard Roll Off $150.00 Pull 40 Yard Roll Off $0.00 Pull Regular Time Rate Overtime Rate Rate Per 15-24 Yard Rear Load (Driver and Helper) $100.00 $117.50 Hour 25 Yard or Larger Rear Load (Driver and Helper) $115.00 $135.00 Hour 15-24 Yard Side Load (Driver) N/B $0.00 Hour 25 Yard or Larger Side Load (Driver) N/B $0.00 Hour 25 Yard or Larger Front Load (Driver and work can) N/B $0.00 Hour Additional Laborer (per person as requested) $15.00 $22.50 Hour Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per 1 Skid Loader /Bob Cat $95.00 $125.00 Hour 2 $0.00 $0.00 3 $0.00 $0.00 4 $0.00 $0.00 5 $0.00 $0.00 6 $0.00 $0.00 7 $0.00 $0.00 8 $0.00 $0.00 9 $0.00 $0.00 10 $0.00 $0.00 Attachment number 4Page 75 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 76 Exhibit D: Eviction, Vacant Lot, Special Clean-up Rate Rate Per 10 Yard Roll Off $125.00 Pull 20 Yard Roll Off $125.00 Pull 30 Yard Roll Off $150.00 Pull 40 Yard Roll Off N/B Pull Regular Time Rate Overtime Rate Rate Per Rear Load (Driver)$85.00 $95.00 Hour Side Load (Driver)N/B $0.00 Hour Front Load (Driver and work can) N/B $0.00 Hour Additional Laborer (per person as requested) $15.00 $22.50 Hour Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per 1 Loader/Bod Cat $95.00 $125.00 2 3 4 5 6 7 8 9 10 Attachment number 4Page 76 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 77 DBE Forms Form A (Letter of Intent to Perform) Complete an individual form identifying each DBE sub-contractor/supplier used for this contract. Forms must be signed by sub-contractor. Form A should be completed and submitted with your bid in a separate sealed envelope. If there is no participation, indicate N/A Attachment number 4Page 77 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 78 Form A PROJECT LETTER OF INTENT TO PERFORM AS A SUBCONSULTANT/SUBCONTRACTOR/SUPPLIER TO: (NAME OF PROPOSER) A. The undersigned intends to perform work in connection with the above project in the following capacity (check one): An individual A corporation A partnership A joint venture B. The DBE status of the undersigned is confirmed as follows: By attachment of a current Certificate of Certification issued by the Department of Transportation By attachment of a current Certification issued by the Disadvantaged Business Enterprise Office C. The undersigned is prepared to perform the following work in connection with the above project D. The undersigned states that they will be performing________% of the total project. E. The undersigned will sublet and/or award % of this subcontract to non-DBE contractors and /or non-DBE suppliers. The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project cited herein between the Proposer and Augusta-Richmond County. ____________________________________________________ Date: ___________________ (DBE Contractor Firm Name) By: _________________________________________________ (Signature of Authorized Representative) Attachment number 4Page 78 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 79 Form B (Proposed DBE Participation Form) Complete an individual form identifying each DBE sub-contractor/supplier used for this contract. Forms must be signed by sub-contractor. Form B should be completed and submitted with your bid in a separate sealed envelope. If there is no participation, indicate N/A Attachment number 4Page 79 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 80 Form B PROPOSED DBE PARTICIPATION PRIME CONTRACTOR PROJECT ___________________________ DBE FIRM PRINCIPAL OFFICIAL ADDRESS/PHONE NO. TYPE OF WORK Dollar Value of Work Total Price: $_____________________ Total DBE value: $_____________________ Total DBE percent: _____________________% Signed By: Title: Date: Attachment number 4Page 80 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 81 Form C (Contractors Statement of DBE Utilization Form) Complete form indicating the DBE’s utilization for the requested pay period. This information identifies the actual DBE sub-contractors/suppliers, types of work performed, actual dollar value of work/services and suppliers. To avoid delay of payments this form must accompany all pay requests. Attachment number 4Page 81 of 91 PD F C o n v e r t . 1 4 3 6 1 . 1 . 2 0 1 0 S o l i d W a s t e C o l l e c t i o n s C o n t r a c t - A u g u s t a D i s p o s a l - A D R . d o c 82 Fo r m C AU G U S T A - R I C H M O N D C O U N T Y DI S A D V A T A G E D B U S I N E S S E N T E R P R I S E D E P A R T M E N T CO N T R A C T O R ' S S T A T E M E N T O F D B E U T I L I Z A T I O N SH E E T O F ( 1 ) P A Y R E Q U E S T N O . ( 2 ) R E P O R T P E R I O D F R O M _ _ _ _ _ _ _ _ _ _ _ _ _ T O _ _ _ _ _ _ _ _ _ _ _ _ _ _ (3 ) P R O J E C T N A M E (4 ) P R O J E C T N O . _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( 5 ) B A S E B I D $ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( 6 ) C O N T R A C T N O . _ _ _ _ _ _ _ (7 ) R E Q U I R E D D B E U T I L I Z A T I O N % ( 8 ) P R O P O S E D D B E U T I L I Z A T I O N % (9 ) DB E N A M E RE P R E S E N T A T I V E NA M E & TE L E P H O N E NU M B E R (1 0 ) CL A S S O F WO R K (1 1 ) CO N T R A C T AM O U N T (1 2 ) CO N T R A C T AD J U S T - ME N T S (1 3 ) RE V I S E D CO N T R A C T AM O U N T (1 4 ) AM O U N T EA R N E D T H I S PE R I O D (1 5 ) AM O U N T EA R N E D T O DA T E (1 6 ) AM O U N T RE T A I N E D TH I S P E R I O D (1 7 ) AM O U N T RE T A I N E D T O DA T E (1 8 ) % O F C O N T R A C T CO M P L E T E T O DA T E (1 9 ) D B E TO T A L S (2 0 ) C O N T R A C T O R : ( 2 1 ) A U T H O R I Z E D S I G N A T U R E _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ ( 2 2 ) D A T E _ _ _ _ _ _ _ _ (2 3 ) P ER C E N T A G E O F T O T A L C O N T R A C T C O M P L E T E D T O D A T E ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Attachment number 4Page 82 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 83 Good Faith Effort Checklist Complete – The purpose for the Good Faith Effort Checklist is to indicate all necessary and reasonable steps taken to ensure that DBEs, including local small business enterprises, have the maximum opportunity to compete for and participate in all contracts and sub-contracts. Attachment number 4Page 83 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 84 AUGUSTA-RICHMOND COUNTY CHECKLIST FOR GOOD FAITH EFFORTS A bidder’s good faith efforts must be those that could reasonably be expected from a bidder who was actively and aggressively seeking to meet the Disadvantaged Business Enterprise (DBE) goal. Good faith efforts may include, but are not limited to: Yes No 1. _X__ ___ Soliciting through all reasonable and available means, the interest for all certified DBEs who have the capability to perform the work of the contract. Such solicitations must be in sufficient time to allow DBEs to participate effectively. 2. _X__ ___ Confirming attendance at any pre-solicitation or pre-bid meetings. 3. ___ _X__ Providing proof of any advertisements in general circulation, trade association, and minority or woman focused media. 4. ___ _X__ Documenting the follow-up to the initial solicitation with DBEs. 5. _X__ ___ Documenting how portions of the work were selected to solicit DBE participation and how the selection was made in order to increase the likelihood of meeting the DBE goals. This would include, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation. 6. _X__ ___ Providing information on any negotiations with DBEs including bid item adjustments, terms and conditions of the contract, bonding and insurance requirements and etc. 7. _n/a__ ___ Documenting efforts to assist DBEs in obtaining bonding, lines of credit, or insurance. 8. _X__ ___ Providing copies of the information supplied to DBEs to solicit their bids. Such information should include adequate information about the plans, specifications, and requirements of the contract to enable the DBE to supply a complete and competitive bid. 9. ___ _X__ Providing information regarding the services/assistance secured from minority and women community organizations, contractors’ groups, local minority and women business assistance offices and other organizations that provides assistance in the recruitment and placement DBEs. 10. _X__ ___ Negotiating in good faith with interested DBEs. It is the bidder’s responsibility to make a portion of the work available to DBE subcontractors and suppliers. The bidder must provide documentation that consideration was given when selecting portions of the work or material needs on the contract to the availability of DBE firms in those areas when soliciting for DBE participation. 11. _n/a__ ___ Documenting the basis for rejecting DBE bids. In cases where the bidder determines the DBE to be unqualified, supporting evidence used to make the determination must be provided. Attachment number 4Page 84 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 85 CORPORATE CERTIFICATE I, ______________________________ certify that I am the Secretary of the corporation named as Contractor in the attached Contract; that _______________________________ who signed said Contract on behalf of the Contractor was then _____________________ of said corporation; that said proposal was duly signed for and in behalf of said corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said corporation is organized under the laws of the State of _________________________. This ____ day of _______________,2005 Corporate Secretary:______________________________________ (name signed) ________________________________________ (name printed or typed) (SEAL) Attachment number 4Page 85 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 86 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ____________________ County of ____________ I, ________________________________ being first duly sworn, deposes and says that: He or she is _______________________ of___________________, the Bidder that has submitted the attached Bid: He or she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid. Such Bid is genuine and is not a collusive or sham Bid; Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Augusta or any person interested in the proposed Contract; and Continued to the next page Attachment number 4Page 86 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 87 The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. BIDDER:________________________________ By:_____________________________________ (name signed) ________________________________________ (name printed or typed) Date:____________________________________ Subscribed and sworn to me this ____ day of _________________, 2005 NOTARY PUBLIC: _____________________________ (name signed) ______________________________________________ (name printed or typed) Commission Expires: ____________________________ (SEAL) Attachment number 4Page 87 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 88 NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR State of______________________________ County of I, ________________________________ being first duly sworn, deposes and says that: 1. He or she is ___________________________________________________ (Owner, Partner, Officer. Representative, or Agent) of ________________________________, hereinafter referred to as the “Subcontractor”; 2. He or she is fully informed respecting the preparation and contents of the Subcontractor’s Proposal submitted by the Subcontractor to _____________ the Contractor for certain work in connection with the _________________________ Contract pertaining to the Project in _____________________________ 3. Such Subcontractor’s Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the Subcontractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Proposal in connection with such Contract or to refrain from submitting a Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Bidder, firm or person to fix the price or prices in said Subcontractor’s Proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against Augusta-Richmond County or any person interested in the proposed Contract; and 5. The price or prices quoted in the Subcontractor’s Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) ______________________________________ (Title)________________________________________ Subscribed and Sworn to before me this _________ day of _________, 2005 ________________________________________ ________________________________________ (Title) My commission expires __________________________ (Date) (SEAL) Attachment number 4Page 88 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 89 NOTICE OF AWARD To: Bill Polonus – Augusta Disposal & Recycling P.O. Box 334 Evans, GA. 30809 Project Description: “Solid Waste Collections Contract” The Owner has considered the Bid submitted by you for the above-described work in response to its Invitation to Bid and Information from Bidders. You are hereby notified that your Bid has been accepted for items in the amount determined by the contract based on the financial bids submitted for this contract, which will become a part of this Contract as Exhibit B, C, and D. You are required by the Information for Bidders/Contract Documents to execute the Agreement and furnish the required Contractor’s Performance Bond, Payment Bond, and certificates of insurance within fifteen (15) calendar days prior to the start date of the contract. However, in any case a “Notice to Proceed” will not be given until the above mentioned items are received. Early delivery of said documents will expedite the contracting process. Augusta recommends submission of the required bonds and insurance with the executed “Notice of Award”. These items may have an effective date of January 1, 2006. If you fail to execute said Contract within thirty (30) days from the date of this Notice, Augusta will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as abandoned and such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the County. Dated this 10th day of October, 2005. Augusta-Richmond County_____________________________ By:_________________________________________________ Name and Title: Geri Sams, Director of Procurement_________ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by __________________ this the _____ day of __________________,2005. By: _____________________________________________ Name and Title: _____________________________________ Attachment number 4Page 89 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 90 NOTICE TO PROCEED To: Project Description: “Solid Waste Collections Contract” You are hereby notified to commence work in accordance with the contract dated _______________, 2005, on or before January 1,2006 and you are to comply with all terms, conditions, provisions, etc. as identified in the executed Contract. Dated this ______day of___________________________,2005. Augusta Richmond County___________________ By: _____________________________________ Name and Title:____________________________ ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by________________ this the _____ day of ___________________, 2005. By:__________________________________________ Name and Title:________________________________ Attachment number 4Page 90 of 91 PDFConvert.14361.1.2010 Solid Waste Collections Contract - Augusta Disposal- ADR.doc 91 CERTIFICATE OF AUGUSTA’S ATTORNEY I, the undersigned, Stephen E. Shepard, the duly authorized and acting legal representative of Augusta-Richmond County, do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. ____________________________ (Signature) Date:________________________ End of Contract Attachment number 4Page 91 of 91 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 1 Contents A. Overview Page # Section 5: Purpose and Intent 4 Section 10: Negotiation Costs 4 Section 15: Contract Term 4 Section 20: Incorporation of Exhibits 5 Section 25: Contract Limitations 5 Section 30: Definitions 5 Section 35: County Responsibilities 7 Section 40: Contractor’s Responsibilities 8 Section 45: Contractor’s Representations and Warranties 8 Section 50: County Representations and Warranties 9 Section 55: OSHA and Georgia Law Compliance 10 Section 60: Vehicles Used in Collection 11 Section 62: Spare Vehicles 12 Section 65: One Vehicle One Purpose 12 Section 70: Disposal/Vehicle Inspections and Permits 13 Section 75: Vehicle Specifications 13 Section 80: Ownership of Equipment 14 Section 85: Asset Maintenance and Inventory 14 Section 90: Traffic Laws, Noise Control 14 Section 95: Contractor’s Office 15 B. Collection Services Section 100: Collection Area 16 Section 102: Days of Collection 16 Section 104: Garbage Collection 16 Section 106: Yard Waste Collection 17 Section 108: Recycling Collection 18 Section 110: Bulky Waste Collection 19 Section 112: Additional Carts 20 Section 114: Place of Collection 20 Section 116: Collection from Additional Locations 21 Section 120: Force Majeure Clean Up 21 Section 122: Eviction, Vacant Lot, Special Clean-up 22 Section 124: County Clean Up Events 23 Section 126: Time of Collection 24 Section 128: Scheduling of Collection 24 Section 130: Work on County Property 25 Section 132: Disposal and Recycling Locations 25 Section 134: Ownership of Materials Collected 26 Section 136: Scavenging 26 Attachment number 5Page 1 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 2 Section 138: Holiday Schedule 27 Section 140: Service Disruptions Due to Weather 27 Section 142: Service Disruptions – Non Weather 27 Section 144: Missed and Make-up Collections 28 Section 146: Contract Carts 30 Section 148: Supplying Garbage Carts 30 Section 150: Supplying Recycling Bins 31 Section 152: Cart/Bin Storage 32 Section 154: Minimum Cart/Bin Percentage 33 Section 156: Cart/Bin Replacement Cost 33 Section 158: Delinquent and Closed Accounts 33 Section 160: Meetings and Communication 33 Section 162: Program Information During Contract Start-Up 34 Section 164: Program Information 35 C. Manner of Collection Section 200: Contractor’s Responsibility 36 Section 210: Employee Conduct 36 Section 220: Employee Uniforms 37 Section 230: Spillage 37 Section 240: Damage Claims 38 Section 250: Customer Grievances 38 D. Reporting Requirements Section 300: Report/Information Specifications 39 E. Compensation Section 400: Payment for Collection Services 40 Section 410: Payment Procedure 40 Section 420: Contract Unit Price 41 Section 430: Adjustments 41 Section 440: Wage Increases for Employees 42 Section 450: Withholding and Payment of Tax Liens and Judgments 42 F. Security, Liability, Damages Section 500: Payment Bond 43 Section 510: Performance Bond 43 Section 520: Default of Contractor 44 Section 530: Commitment of Equipment 46 Section 540: Insurance 47 Section 550: Indemnity 50 Section 560: Liquidated Damages 50 Attachment number 5Page 2 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 3 G. Equal Opportunity/Non-Discrimination, Drug Free Work Place Section 600: Equal Employment Opportunity 53 Section 610: Equal Employment Opportunity – Implementation 53 Section 620: Contractor’s Hiring Goals 54 Section 630: Good Faith use of Disadvantaged Business Enterprises 55 Section 640: Non-Discriminatory Service 59 Section 650: Drug-Free Workplace 59 H. Operations Plan, Emergency Plan Section 700: Operations Plan 61 Section 710: Emergency Plan 62 I. Ancillary Provisions Section 800: Assignment of Pledge on Monies by the Contractor 64 Section 805: Assignment, Subcontracting, Delegation of Duties 64 Section 810: Audit and Inspection 65 Section 815: Contractor Will Not Sell or Disclose Data 65 Section 820: No Publicity 65 Section 825: Contract Rights 65 Section 830: Open Records Act 66 Section 835: Interpretation 66 Section 840: Law; Venue 66 Section 845: Discretionary Waiver of Right to a Jury Trial 66 Section 850: Specific Performance and Injunctive Relief 66 Section 855: Notices 66 Section 860: Severability 67 Section 865: Interest of the Parties 67 Section 870: No Bribery 67 Section 875: Change in Control 67 Section 880: Force Majeure 68 Section 885: Dispute Resolution 70 Other Items Signature page 71 Example from section 146 72 Exhibits 73 DBE Forms 77 End of Contract 90 Attachment number 5Page 3 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 4 SOLID WASTE COLLECTION CONTRACT BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY) AND INLAND SERVICE CORPORATION This solid waste collection Contract is entered into by and between, Augusta, Georgia, a consolidated local government, which is both a municipal corporation and a County, being a political subdivision of the State of Georgia, [by and through Augusta Richmond County’s Solid Waste Department] hereinafter “County” or “Augusta” and Inland Service Corporation of Augusta “Contractor” to provide for Garbage, Yard Waste, Recycling and Bulky Waste collections from Units located within the Collection Area (as hereinafter defined). The parties, in consideration of the promises, representations and warranties contained herein, agree as follows: A. Overview Section 5. Purpose and Intent – Legal Relationship of Parties This Contract creates the legal relationship of independent Contractor by and between Inland Service Corporation and the “County”. This Contract engages Inland Service Corporation of Augusta to collect Garbage, Yard Waste, Recycling and Bulky Waste from Units within the Collection Area. Section 10. Negotiation Costs The Contractor shall bear its own cost of negotiating this Contract and developing all required materials. The County shall not be charged for any services or other work performed prior to the Start Date. Section 15. Contract Term This Contract is entered into on this _____ day of ________________, 2005 (“Effective Date”). The collection services will begin on January 1, 2006 (“Start Date”) and continue for a term of five (5) years, ending at Midnight December 31, 2010. The County and Contractor through mutual agreement may extend this Contract for two (2) successive one (1) year periods. The County must provide Contractor a minimum of 90 days notice of its intent to extend the Contract. If the County extends this Contract, the same terms, conditions, and methods of payment shall apply during the extension period. County’s payment obligation hereunder for succeeding fiscal periods shall be subject to availability and appropriation of funds. In the event County does not appropriate funds, at the beginning of a fiscal year for this Contract, said Contract shall terminate. Attachment number 5Page 4 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 5 Section 20: Incorporation of Exhibits 1. The Contractor and the County acknowledge and agree that each of the following exhibits is attached to this Contract and is incorporated into and made a part of this Contract by reference: Exhibit A: Collection Area Exhibit B: Rate Table Exhibit C: Force Majeure Rate Table Exhibit D: Eviction/Vacant Lot Rate Table 2. If there is a conflict between any exhibit and the Contract, the provisions of the exhibit shall prevail. Section 25: Contract Limitations At the time of award, the Contractor shall not be awarded or have control of more than 50% of the total number of Units. During the term of the agreement, no Contractor shall have control of more than fifty percent (50%) of the total number of Units. An exception will be made for natural population growth within a Collection Area. Section 30. Definitions In addition to Capitalized terms that are defined elsewhere, the following meanings apply: Bins: A water-tight plastic container that is provided by the County, that shall not be less than 65 gallons in capacity, fitted with a sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Recycling. Bulky Waste: Refers to furniture, appliances, tires, and other items too large to be reasonably placed into a Cart as defined herein with a size limit of, not larger than five (5) feet in length, five (5) feet in height and ten (10) feet in width. Construction debris shall be limited to an amount that is equal to 25% of the allowable pile by volume. C&D: Construction/Demolition waste means waste of building materials and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses and other structures. Such wastes include but are not limited to wood, lumber, wall Attachment number 5Page 5 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 6 board, concrete, brick, metals, and other items attributed to construction and demolition. Cart: A water-tight plastic container that is provided by the Contractor, that shall not be less than 95 gallons in capacity, fitted with a sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Garbage. County: Augusta, Georgia (Augusta-Richmond County, Georgia) Collection Area: The physical area for which the Contractor has been contracted to provide services to. Contractor: Individual or firm contracted to provide services under this Contract. Contract: Document containing all provisions and specification that Augusta and the Contractor must abide by and/or meet. Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other materials normally associated with common household waste. Handicapped/ Special Needs: Individual(s) who can provide verifiable proof of a disability, a limitation, or a special need which limits their ability to place waste to the curb or right of way. Hazardous Waste: Refers to Hazardous Waste, which is defined and published in the Georgia Hazardous Waste Management Act (Official Code of Georgia Annotated § 12-8-61, et. seq.) and incorporated herein by reference. Hazardous Waste is potentially dangerous by-products of our highly industrialized society, which cannot be handled, treated, or disposed of without special precautions. Hazardous Waste includes, but is not limited to, ignitable, corrosive, reactive, and toxic wastes such as acetone, gasoline and industrial alcohols, alkaline cleaners, acids, cyanide and chlorine, arsenic, pesticide wastes, paint, caustics, infected materials, offal, fecal matter (human and animal) and explosives. Hazardous Waste does not include solid waste that is Household Waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g. refused-derived fuel) or reused, all as defined by the Georgia Hazardous Waste Management Act. Holiday Overloads: Extra waste generated in association with a Federal, State, or Locally recognized holiday. Attachment number 5Page 6 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 7 Red Tag: A notification given to the customer for the purposes of informing/educating with the intent of eliminating future issues related to collections of Garbage, Recycling, Yard Waste, and Bulky Waste. Recycling: Refers to paper, cardboard, newspaper, plastic, aluminum, bi- metal, steel, tin, and other items determined to be recyclable by the County. Section: A defined subset of customers within the Collection Area. Tire: Any rubber cushioning from a wheel which will include automobiles, trucks, bicycles, and other small vehicles, not to exceed seventeen (17) inches. Unit: A location approved to have the service(s) under this Contract. Yard Waste: Plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, including sod; and biodegradable waste as approved by the County, but excludes loose soil, Garbage, food waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil contaminated with hazardous substances. Section 35: County Responsibilities The County shall be responsible for: 1. Making timely payments required by this Contract. 2. Inspecting Contractor performance, mediating and adjusting customer grievances. The County may require special and other services as contemplated in this Contract. 3. Specifying each customer’s level and type of collection service. 4. Supply Carts and/or Bins as defined by this agreement. 5. Pay disposal costs as defined by this agreement. Attachment number 5Page 7 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 8 Section 40: Contractor’s Responsibilities The Contractor shall be responsible for: 1. Furnishing all skilled labor, equipment, materials, supplies and utility services required for providing all services in accordance with this Contract unless otherwise noted within the Contract. 2. All actions and activities of its subcontractors. 3. Supplying all records, reports, and information required by this Contract. 4. Securing at Contractor’s expense, all governmental permits and licenses and required regulatory approvals (including all required by County Ordinances). 5. Timely paying of all applicable taxes. 6. Complying with applicable laws and regulations. 7. Performing all work in a timely, professional manner. 8. All wage increases for Contractor’s collectors or other employees, any benefits or added costs resulting from changes in technology, laws, regulations, labor, supplies, practices, availability of equipment, and other business risks that may affect the performance of this Contract. a. Should there be an extraordinary change in a law(s), rules, or regulations related to fuel taxes, disposal fees, or the addition or imposition of solid waste fees or taxes on services that impact the true cost of this contract, the Contractor and/or the County shall have the right to petition for an equitable adjustment. Section 45: Contractors Representations and Warranties 1. Organization and Qualification. The Contractor is duly incorporated or otherwise legally organized and, validly existing and in good standing under the laws of the State of Georgia, and has all requisite power and authority to enter into and perform its obligations under this Contract. 2. Authority. a. The Contractor has the authority to execute this Contract, to make the representations and warranties set forth in it and is appropriately skilled, organized and financially able to perform the obligations of Contractor under this Contract in accordance with its terms. Attachment number 5Page 8 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 9 b. This Contract has been validly executed by the authorized representatives of the Contractor and constitutes a legally binding, enforceable obligation of Contractor. 3. Government Authorizations and Consents. The Contractor has or will obtain prior to the commencement date such licenses, permits, and other authorizations from federal, state, and other governmental authorities, as are necessary for the performance of its obligations under this Contract. 4. Compliance With Laws. The Contractor is not in violation of any applicable law, ordinance or regulation, the consequence of which will or may materially affect Contractor’s ability to perform its obligations under this Contract. The Contractor is not subject to any order or judgment of any court, tribunal, or governmental agency which could materially and adversely affects its operations or assets in the State of Georgia, or its ability to perform its obligations under this Contract. 5. Accuracy of Information. None of the representations or warranties in this Contract and none of the documents, statements, certificates or schedules furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obligations contemplated under this Contract, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. 6. Independent Examination. In accepting these responsibilities, the Contractor represents and affirms that it has made its own examination of all conditions, facilities, and properties affecting the performance of this Contract and of the quantity and expense of labor, equipment, materials needed, and of applicable taxes permits and laws. The Contractor affirms that within the Collection Area/Section(s) it is aware of the present placement of collection Carts at the curb, alley, or backyard locations, and the present location of Handicapped/Special Needs customers. The Contractor represents and warranties that it is capable of continuing to collect Carts from their present locations. Section 50: County Representations and Warranties The County represents and warrants to the Contractor as follows: 1. Organization and Qualification. The County is a political subdivision of the State of Georgia and has all requisite corporate power and authority to enter into and perform its obligations under this Contract. Attachment number 5Page 9 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 10 2. Authority. a. The County has the authority to execute this Contract, to make the representations and warranties set forth in it and to perform the obligations of the County under this Contract in accordance with its terms. b. This Contract has been validly executed and constitutes a legally binding and enforceable obligation of the County. 3. Government Authorizations and Consents. The County has such licenses, permits and other authorizations, as are necessary for the performance of its obligations under this Contract, and no consent, approval, or authorization of or declaration, registration or filing with any governmental or regulatory body is required to be obtained or made by the County as a prerequisite to its execution of this Contract or its performance of its obligations contemplated hereby. 4. Compliance With Laws. The County is not in violation of any applicable law, ordinance or regulation, the consequence of which will or may materially affect the County’s ability to perform its obligations under this Contract. The County is not subject to any order or judgment of any court, tribunal, or governmental agency which materially and adversely affects its operations or its ability to perform its obligations under this Contract. 5. Accuracy of Information. None of the representations or warranties in this Contract and none of the documents, statements, certificates or schedules furnished or to be furnished by the County pursuant hereto or in connection with the performance of the obligations contemplated under this Contract, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. Section 55: OSHA & Georgia Law Compliance – Health & Environmental 1. The Contractor shall comply with the Federal Occupational Safety and Health Act of 1970, as amended (OSHA) and the Official Code of Georgia and with the standards and regulations issued to implement these statutes from time to time. 2. The Contractor is also responsible for meeting all pertinent local, state and federal health, safety and environmental laws, regulations, and standards applying to collection of Garbage, Yard Waste, Recycling and Bulky Waste. Attachment number 5Page 10 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 11 Section 60: Vehicles Used in Collection 1. All vehicles used for collection shall be registered with the State of Georgia Department of Motor Vehicles, and shall be kept in a clean and sanitary condition and a state of good appearance and repair, and shall be painted in a uniform manner. 2. All collection vehicles shall be painted by Contractor in Contractor’s color(s). Color(s) and color schemes are subject to approval by the County, in its reasonable discretion. Vehicles shall be uniquely numbered. Contractor’s name and vehicle number shall be painted in a contrasting color, at least four inches high on each side of the vehicle and on the rear of the vehicle. The Contractor shall place a sign and/or text as determined by the County, which may include a County customer service telephone number on all collection vehicles on each side and the rear of the vehicle. All collection vehicles shall be kept in a clean and sanitary condition. 3. All collection vehicles or personnel must be equipped with a communication device (i.e. cell phone or radio) which allows for immediate communication between the collection vehicle and a supervisor, and/or the Contractor’s office. 4. Collection vehicles shall be sufficient to service all participating Units for which they are intended to service at the frequency of collection specified and able to handle special requirements of the Contract including adverse weather and holiday overloads. 5. All vehicles used by management personnel, including route supervisors, operations manager, etc. shall be equipped with cell phones with voice mail so that they can be contacted by the County. 6. All vehicles operated under the authority of this Contract shall be driven in compliance with Uniform Rules of the Road and Georgia State traffic laws and, where applicable, the County’s codes, ordinances, and rules. 7. The Contractor’s collection vehicles shall be used only on this Contract, unless advanced written approval is given by the County. The Contractor may use collection vehicles from other sources or use Contract vehicles for other operations only with the prior written approval of the County. Should the County authorize either of the above mentioned approvals, at no time may non-contract waste be included with Contract waste. This provision is subject to Section 560. 8. The Contractor shall not park or store any collection vehicles on County property. Should the County identify that a vehicle violates this provision; the Contractor shall be notified by phone, fax, or e-mail. Should the vehicle not be removed in a reasonable period, or should the vehicle become a nuisance, a safety issue, or an operational issue, the vehicle will be towed out of the way Attachment number 5Page 11 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 12 or to the Contractors shop, at the Counties discretion, at the sole expense of the Contractor. Said expense will be deducted from the amount owed to the Contractor for the current month. 9. The Contractor shall make a reasonable effort to empty each collection vehicle at the end of each day. Section 62: Spare Vehicles 1. The Contractor shall have a minimum spare ratio sufficient to provide quality service under this Contract. Spare vehicles shall be allowed to collect from any route, collecting any material. Spare vehicles shall meet the appropriate standards set forth herein for normal vehicles. Spare vehicles will be counted toward the average age of the fleet. 2. The Contractor shall be responsible for ensuring that spare assets are available for each subcontractor to meet the above stated standard. 3. When a spare vehicle is used, notification to the County must be received in advance. The advanced notice shall include at a minimum, the date, truck number, route it will be servicing, and commodity serviced. Other information may be reasonably requested by the County. Advance notice type shall be by fax or e-mail, or other reasonable communications as determined by the County. Section 65: One Vehicle One Purpose Under this Contract, each collection vehicle shall be designated to collect one (1) type of material such as Garbage, Yard Waste, Recycling, or Bulky Waste. The collection vehicle may not be allowed to switch commodities collected without the prior written approval of the County. Consideration will be given to Contractors wishing to: 1. Utilize multi-collection type vehicles. 2. Technology and/or processing advances. 3. Bulky waste collections, as long as materials are acceptable at the appropriate disposal site. 4. Improve utilization of assets. 5. Other considerations as may arise. Any consideration request must be made in writing. The County’s decision to the consideration request shall be final and binding. Attachment number 5Page 12 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 13 Section 70: Disposal/Vehicle Inspections and Permits 1. The Contractor is responsible for any and all fees associated with disposal permits, inspection fees, truck stickers, etc. These permits shall be timely obtained and/or posted and/or may be required by a solid waste disposal site, a licensing authority, a government, by truck, by commodity or some other item or combination. 2. The County landfill will charge a one hundred dollar ($100) annual fee for each disposal sticker required. 3. Prior to the Start Date, and annually thereafter, the County shall have the right to inspect all vehicles used to perform the Contract. The vehicle shall, at a minimum, meet the Federal Department of Transportation standards, as well as requirements listed in this Contract. A fee or reimbursement may be collected from the Contractor for each individual inspection in an amount not to exceed one hundred and fifty dollars ($150) per inspection. Should a vehicle not pass inspection, the Contractor shall remedy any inspection deficiency identified and have the vehicle re-inspected. All expenses associated with the repair and re-inspection shall be the sole responsibility of the Contractor. 4. The County may do random spot inspections as it deems reasonably necessary. 5. Should the vehicle not pass inspection, the vehicle shall not be used under this Contract until the vehicle has been repaired and passes such re-inspection. Section 75: Vehicle Specifications 1. On or before the Start Date of this Contract, all vehicles used in collections shall be in good operating order. All collection equipment used under this Contract shall meet all applicable state and federal safety standards. 2. At no time shall the average age of vehicles used in the collection Contract exceed five (5) years in age for any Contractor, the subcontractors vehicles are attributed to the Contractor's fleet. 3. Should a vehicle use a cart tipper/dumper, it shall be designed to empty carts pursuant to ANSI Z245.60-1999 and ANSI Z245.30-1999. Cart tippers/dumpers which do not meet this requirement shall not be used. If a cart tipper/dumper is used that does not meet the above mentioned specification, the Contractor shall be responsible for all damages to Carts to include the cost of repair or replacement. Attachment number 5Page 13 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 14 4. All collections vehicles used to perform functions under this Contract shall be equipped with the following in complete and sound working order: a. Ambient noise back-up alarm. b. Back-up camera with monitor visible from any driving position. c. A 10 pound fire extinguisher. d. A first aid kit. e. Minimum of three safety marking devices (flares, or reflective triangles). f. A rear-mounted strobe light activated while collecting materials. g. Spill kit of a size to handle operational spills. 5. All supervisors vehicles used to perform functions under the Contract shall be equipped with the following in complete and sound working order: a. A 10 pound fire extinguisher. b. A first aid kit. c. Minimum of three safety marking devices (flares, or reflective triangles). d. Spill kit of a size to handle operational spills. Section 80: Ownership of Equipment 1. All vehicles, facilities, equipment, and property used in the performance of this Contract shall be wholly owned by the Contractor, provided, that leases, conditional sales contracts, mortgages, or other agreements for the use or financing the purchase of vehicles, facilities, equipment, and property may be allowed with the prior written approval of the County. 2. No further encumbrance shall be placed upon any such vehicles, facilities, equipment, and property without the prior written approval of the County. Section 85: Asset Maintenance and Inventory The Contractor shall provide the County, prior to the Start Date, a complete inventory showing property, buildings, key assets, and each vehicle (make, model, type, capacity, age, commodity collected, truck number, and VIN) used for performing the Contract. The Contractor may change equipment from time to time with the prior written approval of the County, not to be unreasonably withheld. The Contractor shall maintain assets and a vehicular fleet during the performance of the Contract at least equal substantially to that described in the inventory. Section 90: Traffic Laws, Noise Control All vehicles must operate in conformity with all federal, state and local laws, rules, or ordinances related to traffic and noise control. Attachment number 5Page 14 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 15 Section 95: Contractor’s Office The Contractor shall maintain within fifteen (15) miles of Augusta, Georgia (Augusta- Richmond County) an office with local telephone service and such staff as needed to receive and respond to complaints, requests for missed collections, and other coordination with citizens and County staff. Phone service shall include phone lines and voice mail adequate to handle the citizens’ and the County’s demand as reasonably necessary, cable modem internet access or equivalent speed, as well as designated e-mail account(s) to be used with this Contract. Any voice message or e-mail shall be responded to/returned by the Contractor’s office staff within sixty (60) minutes. Office hours shall be 8:00 a.m. to 5:00 p.m., Monday through Friday. The office shall be open 8:00 a.m. to noon any Saturday after a holiday, or on any Saturday that a regularly scheduled route is operated. The Contractor shall also provide a local telephone number where the Contractor may be contacted at any time by the County. Attachment number 5Page 15 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 16 B. Collection Services Section 100: Collection Area The Contractor shall provide all collection services called for in this Contract within the following area: See Exhibit A for a general overview of the Collection Area(s), however; The County will assign and the Contractor will retain their currently awarded/designated Collection Areas. For Contractors utilizing subcontractors, the subcontractor(s) Collection Areas/Sections may not be altered from their existing state without the prior written approval of the County. The County reserves the right to request and/or negotiate with the Contractors to swap/exchange portions of Collection Areas throughout the life of this Contract. Section 102: Days of Collection The Contractor shall make all collections on the days of Monday through Friday, or as otherwise required by County due to the nature of the services provided. Any deviations to this shall have prior written approval from the County, and the County shall have the final and sole decision. Section 104: Garbage Collection Garbage shall be collected twice weekly on a set schedule: 1. The Contractor shall collect the following materials as Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other materials normally associated with household waste. 2. The Contractor shall collect Garbage from designated Units which have been placed in the appropriate Cart for collection. 3. The Contractor and the County may by mutual agreement establish other reasonable specifications regulating the size, quantity, configuration, and placement of Garbage eligible for collection. 4. The Contractor shall exercise good faith to ensure that Yard Waste and/or Recycling materials which a customer has properly segregated are not placed in the collection vehicle that collects Garbage. Intentional disposal of Yard Waste and/or Recycling with Garbage shall be subject to Section 560 of this Contract. 5. The Contractor shall collect Garbage which is placed for collections that are in accordance with this Contract. It shall be the Contractor’s responsibility to Attachment number 5Page 16 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 17 give notice to the County staff if it believes Garbage is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Garbage from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. 6. If Garbage is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 106: Yard Waste Collection 1. Yard Waste shall be collected once every week with the first Garbage collection of the week for the same Units. 2. The Contractor shall collect the following materials as Yard Waste: plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, including sod; and biodegradable waste as approved by the County. The Contractor shall not collect as Yard Waste loose soil, Garbage, food waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil contaminated with hazardous substances. 3. The Contractor shall collect Yard Waste from designated Units which have been placed in piles, bundles, marked, identified, or open top cans or in a kraft paper bag not to exceed 32 gallons in capacity. The Contractor shall not collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds each. The Contractor shall not collect Yard Waste that has been placed in plastic bags. Christmas trees will be eligible for collection as Yard Waste, and are not required to meet the above stated standards so long as lights and decorations have been removed. 4. The Contractor shall collect all Yard Waste with size limits of, not larger than five (5) inches in diameter nor longer than five (5) feet, and stacked in piles not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth. 5. The Contractor and the County may by mutual agreement establish other reasonable specifications regulating the size, quantity, configuration, and placement of Yard Waste eligible for collection. 6. The Contractor shall exercise good faith to ensure that non Yard Waste materials are not placed in the collection vehicle. The Contractor shall not knowingly collect Yard Waste contaminated by fecal matter, unsegregated Garbage, hazardous substances or other ineligible material. Attachment number 5Page 17 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 18 7. The Contractor shall collect Yard Waste which is placed for collections that are in accordance with this Contract. It shall be the Contractor’s responsibility to give notice to the County staff if it believes Yard Waste is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Yard Waste from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. 8. If Yard Waste is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 108: Recycling Collection 1. Recyclables shall be collected once every week with the second Garbage collection of the week for the same Units on a set schedule. 2. The Contractor shall collect the following materials as Recycling: paper, cardboard, newspaper, plastic, aluminum, bi-metal, steel, tin, and other items determined to be recyclable by the County. 3. The Contractor shall collect Recycling from designated Units which has been placed in the appropriate Bin for collection. 4. The Contractor and the County may by mutual agreement establish reasonable specifications regulating the size, quantity, configuration, and placement of Recycling eligible for collection. 5. The Contractor shall use reasonable efforts to ensure that non-recyclable materials are not placed in the collection vehicle. The Contractor shall not knowingly collect Recycling containing unsegregated Garbage, Yard Waste, hazardous substances or other ineligible material. 6. The Contractor shall collect Recycling which is placed for collections in accordance with this Contract. It shall be the Contractor’s responsibility to give notice to the County staff if it believes Recycling is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Recycling from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. Attachment number 5Page 18 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 19 7. If Recycling is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 110: Bulky Waste Collection 1. Bulky Waste shall be collected once every week with the second Garbage collection of the week for the same Units on a set schedule. 2. Bulky Waste refers to furniture, appliances, tires, and other items too large to be reasonably placed into a Cart as defined herein with a size limit of, not longer than five (5) feet, and stacked in piles not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth, or equivalent volume. Construction debris shall be limited to an amount that is equal to 25% of the allowable pile by volume. 3. The Contractor shall collect Bulky Waste from designated Units which have been placed to the curb for collection. 4. The Contractor and the County may by mutual agreement establish reasonable specifications regulating the size, quantity , configuration, and placement of Bulky Waste eligible for collection. 5. The Contractor shall use reasonable efforts to ensure that non Bulky Waste materials are not placed in the collection vehicle. The Contractor shall not collect Bulky Waste containing unsegregated Garbage, Yard Waste, hazardous substances or other ineligible material. 6. No more than two (2) tires shall be collected from any single Unit per collection. 7. Prior to disposal of any item containing refrigerant, the Contractor shall have had the refrigerant removed/properly recycled by a licensed company in business to do such work. Such proof may be required by a disposal facility, or the County. The removal/properly recycling of refrigerant shall be at the sole cost of the Contractor. 8. The Contractor shall collect Bulky Waste which is placed for collections that are in accordance with this Contract. It shall be the Contractor’s responsibility to give notice to the County staff if it believes Bulky Waste is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes Attachment number 5Page 19 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 20 does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Bulky Waste from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. 9. If Bulky Waste is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 112: Additional Carts 1. The residents of the Contract Area may request one or more additional Carts and/or Bins from the Contractor for an additional volume of collection. 2. The Contractor will be paid for extra Carts at the rate specified in Exhibit B. 3. All additional Carts and/or Bins must be approved by the County prior to being delivered. Section 114: Place of Collection 1. The normal collection point for Garbage, Yard Waste, Recycling and Bulky Waste shall be at curbside or at the right of way. Special arrangements may be made by both the County and the Contractor on a case-by-case basis to accommodate extraordinary situations. 2. The County on a case-by-case basis may require alley collection. If alley collection is required, the County will work reasonably with the Contractor and the affected customer(s) to get all services to the alley to prevent collection from both the alley and the street. 3. The County shall monitor any collection routes or a portion of a route on a regular basis to determine if the Contractor is placing Carts/Bins back in their original locations in a neat and orderly manner after collection. Carts/Bins shall be carefully handled by the Contractor and shall be thoroughly emptied and left substantially near to the location where it was found and standing upright This work shall be done in a sanitary manner and the Collector shall immediately pick up any waste spilled by the Contractor. 4. The Contractor shall provide special service(s) for those individuals who are unable to place their Carts/Bins out for collection in the usual manner due to being Handicapped/Special Needs at a place mutually agreeable between the County and the Contractor. Any dispute over the correct placement for individuals Handicapped/Special Needs will be finally determined by the Attachment number 5Page 20 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 21 County. In the event that the Contractor is to provide back door service, the property owner must sign a waiver of liability and return it to the Contractor and the County. 5. If it would appear to a reasonable person that the Contractor is not placing Carts/Bins back substantially near their original locations in a neat and orderly manner, the Carts/Bins upright, and thoroughly emptied then the Contractor could face damages as stated in Section 560 Liquidated Damages. Section 116: Collection from Additional Locations The County may add additional collection points within the Collection Area at its sole option. This could include items such as County Cans, Bus Stops, Businesses, County Buildings, or any other locations as directed by the County. Areas of the County that were not included in the awarded Collection Area’s may be added to an awarded Collection Area at a later date. Should services be required that are not called for in this Contract, the Contractor and the County may negotiate to provide said services at a negotiated service level and cost. Section 120: Force Majeure Clean Up 1. The trigger event for this section shall be when the following items are all met: a. The County enacts the Emergency Management Center and; b. The Contractor is asked to provide services above and beyond the services normally provided for by this Contract. 2. In the event of a Force Majeure that requires clean up, the County must make all requests in writing. The Contractor shall have twenty-four (24) hours after receipt of written notice to start the clean-up project unless Contractor can demonstrate the timeline is unreasonable and shall finish such project within a reasonable time. 3. The Contractor will be paid at the rate(s) specified in Exhibit C of this Contract. 4. Under this provision, the County may alter the specifications of the Garbage, Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation. 5. The County at its sole option may authorize the Contractor to temporarily discontinue one type of service to provide additional resources to other service types. Attachment number 5Page 21 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 22 6. The Contractor shall document the resources used, time to collect, volume and/or weight, or other statistical data as requested for each assigned project as requested by the County. 7. To establish “normal volumes”, the County will average the previous three (3) months tonnages hauled for the specific commodities prior to the event. Then subtract that from the total Force Majeure Clean Up volumes for each month of the clean up. This will determine the additional volumes collected, and the monthly event tonnage that will be paid for the monthly amounts above the three prior month’s average. 8. Should the County decide to discontinue one type of service and replace it with another; the discontinued services average volumes for the previous three (3) months will be deducted from the Force Majeure volumes to accurately reflect the increased volumes due to the event. Section 122: Eviction, Vacant Lot, Special Clean-up 1. The County may require the Contractor to collect from an eviction. If the materials are not in compliance with other provisions of this Contract the Contractor will be paid at the rate specified in Appendix D of this Contract. 2. The County may require the Contractor to collect from a vacant lot. If the Contractor collects waste from a vacant lot, the Contractor will be paid at the rate specified in Appendix D of this Contract. 3. The County may require the Contractor to collect waste from a property as a special clean-up. If the Contractor collects waste under this provision, the Contractor will be paid at the rate specified in Appendix D of this Contract. 4. All materials under this section will be placed to the curb for collection. 5. The County shall make all requests in writing under this section. The Contractor shall have twenty-four (24) hours from receiving the request to collect said materials. 6. The Contractor shall document the resources used, time to collect, volume and/or weight, or other statistical data as requested for each assigned project as requested by the County. Attachment number 5Page 22 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 23 Section 124: County Clean-up Events During the term hereof, Contractor shall provide the following Clean-up events at no additional charges: 1. Summer Neighborhood – In the Month of June, the Contractor shall provide unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste so long as the following is met: a. Garbage shall be placed in boxes, bags, cans or other means to properly secure it from blowing away prior to collection, and shall not exceed fifty (50) pounds in weight per box, bag, can, etc. b. Contractor shall collect Yard Waste which has been placed in piles, bundles, marked, identified, or open top cans or in a kraft paper bag not to exceed 32 gallons in capacity. The Contractor shall not collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds each. The Contractor shall not collect Yard Waste that has been placed in plastic bags, exceeds a maximum length of (5) feet and/or has a diameter greater than 5 inches. 2. Winter Neighborhood – In the Month of January, excluding the first year of the Contract, the Contractor shall provide unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste so long as the following is met: a. Garbage shall be placed in boxes, bags, cans or other means to properly secure it from blowing away prior to collection, and shall not exceed fifty (50) pounds in weight per box, bag, can, etc. b. Contractor shall collect Yard Waste which has been placed in piles, bundles, marked, identified, or open top cans or in a kraft paper bag not to exceed 32 gallons in capacity. The Contractor shall not collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds each. The Contractor shall not collect Yard Waste that has been placed in plastic bags, exceeds a maximum length of (5) feet and/or has a diameter greater than 5 inches. 3. Masters Event – In the full week preceding, during and after the Masters Golf Tournament, an unlimited amount of Garbage shall be collected so long as the following is met: Attachment number 5Page 23 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 24 a. Garbage shall be placed in boxes, bags, cans or other means to properly secure it from blowing away prior to collection, and shall not exceed fifty (50) pounds in weight per box, bag, can, etc. Section 126: Time of Collection The Contractor shall make collections between 6:00 a.m. and 6:00 p.m. Monday through Friday, and 6:00 a.m. to 12:00 p.m. on Saturday if a route is run on that day unless the County authorizes an extension of hours. Such authorizations must be in writing and be prior to any extended hours of operation. An additional extension of hours will be granted on the Saturday following a holiday that is acknowledged in the Contract (Section 138). Those collection hours shall be 6:00 am to 6:00 p.m. Section 128: Scheduling of Collection 1. For collection of Garbage, the Contractor shall divide the Collection Area into two reasonably equal collection sectors, with one sector to be collected each Monday and Thursday, and the other sector collected each Tuesday and Friday. 2. The two collection sectors shall be bounded by natural boundaries, such as bodies of water, major highways or arterials when at all possible. Any boundaries that are on secondary or residential roads shall be divided on the back of property lines to ensure both sides of the street are collected on the same day and route. Collections shall be made from Units on a regular schedule on the same day at approximately the same time. 3. Not less than thirty (30) days prior to the start date of this Contract, the Contractor shall supply the County with a map of the Collection Area showing the day(s) of the week for which Garbage, Yard Waste, Recycling and Bulky Waste shall be collected from each sector. Each sector shall be labeled with the day of collection. A second map shall be created for each sector that shall include route boundaries, route numbers, and the truck numbers that will normally collect the route for each commodity/service. Maps must be generated in a format acceptable to the County. Maps must be defined well enough, with enough detail, that County staff may electronically recreate said maps. 4. At least thirty (30) days prior to the start date, the Contractor will notify all Units by direct mail or door hanger, to the service address, of the collection day(s) services will be performed. Notifications shall be in a pre-approved format. Attachment number 5Page 24 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 25 5. Should the Contractor wish to alter routes or days of collection, the Contractor shall provide the County at least twenty one (21) days’ notice. Any customers affected by a day change must be notified at least seven (7) days prior to the change via direct mail or door hanger to the service address, and all changes will be made in the first full week of a month. The Contractor shall provide the County an electronic listing of the changes at least seven (7) days prior to the date of the change. The form of notice to the customer shall be subject to the approval of the County 6. The County shall have the opportunity to review and approve any and all routes, day of collection changes or any other changes effecting service and schedules. All requests to alter the current service or schedule shall be made in writing. After approval and before implementation, the County shall receive updated maps of the Collection Area indicating the changes in service and/or schedule at a level equal to those listed above. Section 130: Work on County Property The Contractor will ensure that its employees shall, whenever on the County’s property, obey all instructions and directions issued by the County to include posted signs. The Contractor agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the County when on County property. Section 132: Disposal and Recycling Locations 1. The Contractor shall deliver all Garbage collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. 2. The Contractor shall deliver all Yard Waste collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. 3. The Contractor shall deliver all Recycling collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. 4. The Contractor shall deliver all Bulky Waste collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. Attachment number 5Page 25 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 26 5. All items collected and required to go to the County’s Landfill shall be delivered Monday through Friday by 5:00 p.m. and Saturday by 12:00 p.m. 6. No disposal fees shall be charged for disposal of Garbage, Yard Waste, Recycling or Bulky Waste. The County shall bear all cost(s) associated with disposal. 7. The County has the right from time to time to change the hours of operation at the County’s Landfill. 8. The County has the right from time to time to change the disposal facility for any given commodity which may have different hours of operation than the current disposal facility. 9. Should the County elect to change the disposal facility/location, which causes a significant cost increase to the Contractor, the Contractor may petition the County for an equitable adjustment. If the change in the disposal facility/location causes a significant cost decrease to the Contractor, the County may petition the Contractor for an equitable adjustment. 10. The Contractor shall require that all personnel who exit any vehicle at the Landfill or other disposal facility must wear a “hard hat” at all times and high visibility clothing as set fourth in Section: 220. 11. Any time that materials are not disposed of at the Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, documentation of disposal will be required. Documentation needs will be set by the County but could include items such as yardage, tonnage, date, time, ticket number, copies of tickets, etc. Section 134: Ownership of Materials Collected Collected Garbage, Yard Waste, Recycling, and Bulky Waste shall be the property of the Contractor until the collected Garbage, Yard Waste, Recycling, and Bulky Waste is disposed of at the assigned disposal facility. Once materials are disposed of at the assigned disposal facility, the materials collected shall be the property of the County or owner of said disposal facility, subject to the right of a customer to claim lost property of value. Section 136: Scavenging No “scavenging” by the Contractor, Subcontractor(s) or any of their employees shall be allowed. Scavenging means sorting through Garbage, Yard Waste, Recycling, or Bulky Waste while collecting, looking for items of possible value or picking out individual pieces for reuse while loading or unloading. Scavenging excludes searches by the original owners for valuables accidentally misplaced or that may be lost. Attachment number 5Page 26 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 27 Section 138: Holiday Schedule The Contractor shall provide collection services on all legal holidays except New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Material regularly scheduled to be collected Thanksgiving Day shall be collected on Friday, the day after Thanksgiving. Friday’s material shall be collected on Saturday. If Christmas, New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly scheduled workday, collections will be delayed one day and Friday’s materials shall be collected on Saturday. Should a holiday fall on a Saturday or Sunday, no adjustments will be made. Waste will be collected on the regular schedule on the following week. The Holiday Schedule may be amended from time to time, to meet the needs or wishes of the County. Section 140: Service Disruptions Due to Weather Service disruptions due to weather shall occur when one (1) or more of the following events have occurred. 1. The County closes for a weather related issue. 2. The County notifies the Contractor of the County’s wish to have the Contractor suspend services for weather related issues. 3. The Contractor notifies the County of the Contractors wishes to suspend services for weather related issues. The County shall reasonably evaluate the situation, and make a determination of such conditions. When snow or ice or other weather conditions prevent collection on the scheduled day, the Contractor shall make collection on the next weekday. If such conditions continue for a second consecutive day or more, the Contractor shall, on the first day that regular service to a customer resumes, collect all the materials that the customer is authorized to have, i.e. if one collection day is missed and the customer is on 95 gallon service, the Contractor shall collect 190 gallons of material. On the day that collections resume, the Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary receptacles that customers have used when the collection Carts/Bins have been filled. Section 142: Service Disruptions – Non Weather A number of collection impediments may require special efforts to accomplish collection under this Contract. Attachment number 5Page 27 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 28 1. On-Street Parking Certain neighborhood streets allow “on-street parking” which may present impediments to curbside collection services. The Contractor shall perform collection services even if the curb is blocked. 2. Blocked Streets/Renovations/Construction When closure of roadways providing access, blocked streets or other disruption beyond the Contractor’s control prevents timely collection on the scheduled day, the Contractor shall attempt collection later on that collection day. If collection is still not possible, the Contractor must notify the County prior to 4:30 p.m. on the day of service. The Contractor must provide to the County the reason collection was unachievable and the Unit(s) block range, street name, as well as the times that collections were attempted. If collection was not possible, the Contractor shall provide service on the next business day. Section 144: Missed and Make-up Collections 1. Should the Contractor fail to make a collection on a scheduled day for causes within the Contractor’s control, the Contractor shall make a special make-up collection by the end of the same business day, if notification of the missed collection is received by noon that business day, if notification is received after noon, a make-up collection shall be scheduled for the following business day with collection of the miss to be completed by noon. For the purpose of Section 144, the “business day” includes Saturday. 2. Notwithstanding the foregoing, the County may require the Contractor to do the following: a. Authorize the Contractor to defer the collection and authorize the customer to place a proportionally larger amount of waste on such customers next scheduled collection day, and to accommodate such disposal, the Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary receptacles that customers have used when the collection Carts and/or Bins have been filled. 3. It shall be a defense to a missed collection that the customer had not made timely placement of his or her waste out for collection; that placement did not comply with provisions of this Contract, or that materials collected did not comply with provisions within this Contract, provided that the Contractor shall have left an approved printed tag (red tag) on all material left because it was not properly prepared, it was overweight, or for other reasons. If Garbage, Yard Waste, Recycling or Bulky Waste is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the Attachment number 5Page 28 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 29 problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. 4. Should the customer have failed as outlined above, the County may require the Contractor to do the following, provided that the customer has resolved said issue: a. Authorize the Contractor to collect and authorize the customer to place a proportionally larger amount of waste on such customers next scheduled collection day, and to accommodate such disposal, the Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary receptacles that customers have used when the collection Carts and/or Bins have been filled. This provision shall exclude Yard Waste and Bulky Waste. 5. The Contractor, no later than 10:00 a.m. the next business day, must notify the County of any collections the Contractor has refused or been unable to make the previous day. It shall include the address, time of attempted collection, and reason for non-collection. This list shall be referred to as the Exception List “EL”. 6. If the County transmits a “miss” complaint to the Contractor which is on the EL, and it is a miss which the Contractor should not collect due to the fact that the material is overweight or contains material that should not be collected and a red tag was properly left, the Contractor shall note on the miss that the address is on the EL and note the reason that is was not collected and return the miss complaint to the County within two (2) business hours of its receipt, and the miss shall not be collected. 7. All miss complaints transmitted to the Contractor on Friday must be collected by noon on Saturday. If it appears to the County that the Contractor is not collecting these misses by noon Saturday, the County has the option of contracting with another collection firm to collect these misses. The cost of this option will be deducted from the Contractor’s payment. 8. This section applies to omitted collections of a single Unit, a row of Units and/or an entire route. 9. Failure to comply with the above stated provisions shall have Liquidated Damages as stipulated in Section 560. Attachment number 5Page 29 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 30 Section 146: Contract Carts 1. The Contractor shall provide all Garbage carts for this Contract. A specific rental rate will be charged for each Cart used under this Contract for the current month. The cart rental rate will be the monthly rate as specified in Exhibit B of this Contract 2. At the end the initial Contract period, the Contractors Carts shall become the property of the County free and clear, with no further encumbrance due. 3. Should the County elect to replace the Contractors Carts with Carts provided by the County, at any point in the Contract, the Contractor shall promptly remove their Carts and replace them with the Carts provided by the County. Once Carts are received by the Contractor, no further rental rates may be charged for the Contractors Carts as defined above. 4. Should the County elect to replace the Contractors Carts, the Contractor will be paid a proration for the month in which the (County owned) Carts were received by the Contractor. The proration amount for each Cart received by the Contractor shall be calculated by taking the monthly Cart rental rate in Exhibit B and dividing it by thirty one (31) days, then multiplying that number by the number of days from the first of the month until the date the County Carts were received by the Contractor multiplied by the number of Carts received. Prorations and implementation amounts will be paid as follows: a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount. b. 101-200 Carts received, the Contractor shall be paid the proration plus seven (7) days from the date of receipt. c. 201-300 Carts received, the Contractor shall be paid the proration plus fourteen (14) days from the date of receipt. d. 301-400 Carts received, the Contractor shall be paid the proration plus twenty one (21) days from the date of receipt. e. In excess of 400 Carts received, the Contractor shall be paid the proration plus thirty (30) days from the date of receipt. Example: See Attached Example Below Section 148: Supplying Garbage Carts 1. The Contractor will supply the Customers with Carts for distribution to the Customer. Carts will be a water-tight plastic container that is provided by the Contractor, that shall not be less than 95 gallons in capacity, fitted with a Attachment number 5Page 30 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 31 sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Garbage. 2. Carts for new customers shall be delivered within two (2) days of notification from either the customer or the County. Carts will be delivered in a clean, sanitary, working condition. 3. The Carts shall be provided with instructions of proper use, including any customer actions that would void manufacturer’s warranties, such as placement of hot ashes in the Cart causing the Cart to melt, and procedures to follow to minimize potential fire problems. A pamphlet explaining the dos and don’ts, program requirements, directions for placement of the Cart, and notification of the day of the week when the customer will receive collection will be provided with each Cart. 4. The pamphlet containing the dos and don’ts, program information and the directions for placement shall be supplied by the County. 5. No other cans or Carts may be placed into service unless approved by the County or as otherwise noted in the Contract. 6. Should a customer require a replacement Cart due to loss, stolen or damage, the Contractor has two (2) days to replace the Cart with a Cart in clean, sanitary, working condition. A list of lost or damaged Carts will be provided to the County with the Monthly Report, to include address so the County may bill the appropriate party. The Contractor is responsible for all repairs to Carts. Only factory or approved parts may be used to repair said Carts. Any damaged Carts, which are owned by the County, that can not be repaired by the Contractor shall be returned to the County so they may follow the warranty process. 7. If a customer discontinues service, the Contractor has two (2) days to collect the Cart. 8. All Carts physically returned to the County shall be clean, sanitary, and in working condition, unless being returned for damages beyond repair, then the Cart must be returned clean and sanitary. Section 150: Supplying Recycling Bins 1. The County will supply the Contractor with Bins for distribution to the Customer. A bin is a water-tight plastic container that is provided by the County, that shall not be less than 65 gallons in capacity, fitted with a sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Recycling. Attachment number 5Page 31 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 32 2. Bins for new customers shall be delivered within two (2) days of notification from either the customer or the County. Bins will be delivered in a clean and sanitary condition. 3. The Bins shall be provided with instructions of proper use, including any customer actions that would void manufacturer’s warranties, such as placement of hot ashes in the Bin causing the Bin to melt, and procedures to follow to minimize potential fire problems. A pamphlet explaining the dos and don’ts, program requirements, directions for placement of the Bin, and notification of the day of the week when the customer will receive collection will be provided with each Bin. 4. The pamphlet containing the dos and don’ts, program requirements and the directions for placement shall be supplied by the County. 5. No other cans or Bins may be placed into service unless approved by the County or as otherwise noted in the Contract. 6. Should a customer require a replacement Bin due to loss, stolen or damage, the Contractor has two (2) days to replace the Bin with a Bin in clean, sanitary, working condition. A list of lost or damaged Bins will be provided to the County with the Monthly Report, to include address, so the County may bill the appropriate party. The Contractor is responsible for all repairs to Bins. Only factory or approved parts may be used to repair said Bins. Any damaged Bins that can not be repaired by the Contractor shall be returned to the County so they may follow the warranty process. 7. If a customer discontinues service, the Contractor has two (2) days to collect the Bin. 8. All Bins returned to the County shall be clean, sanitary, and in working condition, unless being returned for damages beyond repair, then the Bin must be returned clean and sanitary. Section 152: Cart/Bin Storage The Contractor shall provide storage space for carts and bins. The Contractor shall provide enough space to store the equivalent of two and a half percent (2.5%) of the total number of units serviced for the Collection Area for each type of Cart and Bin offered or cumulative total there of. Example Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and 125 recycling Bins = 250 total carts/Bins stored. Attachment number 5Page 32 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 33 Section 154: Minimum Cart/Bin Percentage The Contractor shall keep a minimum inventory of one half of one percent (½%) of each size Cart and Bin used under with this Contract. Section 156: Cart/Bin Replacement Cost The County shall have the right to charge the Contractor for the cost of repair or replacement of Carts and/or Bins which are owned by the County, if such repair or replacement is required as a result of abuse or damage caused by the Contractor. The County shall have additional rights to charge the Contractor for the cost of replacement Carts and/or Bins, if such replacement is required as a result of fire or theft caused by the Contractor, or on/from Contractors property . A list of lost, damaged, destroyed, or stolen Carts/Bins will be provided to the County with the Monthly Report so the County may bill the appropriate party. The Contractor is responsible for all repairs to Carts/Bins. Any damaged Bins that can not be repaired by the Contractor shall be returned to the County. Section 158: Delinquent and Closed Accounts The Contractor shall discontinue any and/or all collection services at any Unit(s) as set forth in a written notice sent by the County. Upon further written notification by the County, the Contractor shall resume any and/or all collections on the next regularly scheduled collection day. Section 160: Meetings and Communication In order to minimize problems during implementation of the Contract, to provide a forum for discussing and resolving any operational questions or issues that may arise, and for updating the Operations Plan the parties agree to meet on a regular basis as follows: 1. The period from the date the Contract is awarded until six months after the actual collection services begin (or such earlier date as may be mutually agreed to by the parties) shall be referred to as the “Implementation Phase”. During the implementation phase, meetings shall be held between representatives of the parties on a weekly basis, or on such more or less frequent basis as may be mutually agreed. The primary purpose of such meetings shall be to develop and/or refine the Operations Plan, to evaluate the Contractor’s performance in implementing the Contract, to evaluate Cart and Bin delivery progress or problems, to air and seek resolution of complaints, to discuss any actual or perceived problems with service, and to discuss promotion, public information and public relations. Attachment number 5Page 33 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 34 2. After the Implementation Phase, meetings shall be held at least on a quarterly basis, unless otherwise mutually agreed to, between representatives of the parties. Such meetings shall be held for the purpose of reviewing and discussing day to day operations, promotion, public information, and public relations. 3. Meetings shall be held at the offices of the County unless otherwise agreed. Each party shall be available for at least 90 minutes per meeting, unless otherwise agreed in advance. Meetings shall be held during normal business hours. Section 162: Program Information During Contract Start-Up All items listed below may be generated by the County. Prior to the start date of the Contract, the Contractor shall deliver to all Units receiving services, the materials created by the County to address issues such as the following. This list may not be all inclusive. 1. Materials to be collected and how such materials are to be prepared. 2. Date that the customer shall begin using the new Cart/Bin that was delivered. 3. Cart and material placement information. 4. Contractor’s telephone number that customers should call for additional information or for questions. 5. Telephone number of the County department that customers can call for additional information or for questions. The Contractor shall be responsible for informing the Customer of the Collections schedule for each Unit serviced prior to the start date. The format of said information shall be printed, and delivered to each service address via door hanger or other approved format. The Contractor shall have approval from the County prior to any distribution of these materials. The above information may further be required to be attached to any new Cart/Bin delivered or anytime that a Cart/Bin is delivered to a customer. The County shall approve all customer information materials, promotions, and educational activities and materials developed by the Contractor in advance of their production, implementation, or distribution. All public information materials will conform to the County’s guidelines and include the County’s identity. Attachment number 5Page 34 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 35 Section 164: Program Information The Contractor shall deliver informational packets and/or door hangers to each service address up to two (2) times per year at the discretion of the County. The literature for said information will be generated by the County. Attachment number 5Page 35 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 36 C. Manner of Collection Section 200: Contractor’s Responsibilities The Contractor shall be responsible for furnishing all labor, materials, equipment, and supervision necessary to perform the collection, processing, and other items described in this Contract. Section 210: Employee Conduct 1. The Contractor is responsible for providing supervision necessary to ensure that collection employees are courteous, exercise due care, do their work without delay, minimize noise, avoid damage to private property, close and relock all gates and doors that they open, and if on private property, follow the regular pedestrian walkways and paths, and not cross flower beds, lawns or through hedges. While collecting, employees shall wear or carry identification supplied by the Contractor. The identification shall be subject to approval of the County. 2. When the County identifies unsatisfactory conduct by an employee and the County notifies the Contractor of such conduct, the Contractor shall take remedial action. The remedial action shall be appropriate to the level of unsatisfactory conduct, provided that if the County requests of the Contractor that an employee be suspended from further work on the Contract for unsatisfactory conduct, the Contractor will permanently remove the employee from further work on the Contract. 3. The Contractor will notify the County of remedial action taken in its monthly reports. 4. The County will cooperate with the Contractor by supplying to the Contractor the names and contact information, when known, of the complainant as well as known witnesses. 5. Through the process identified above, the County will have the sole right to require the removal and replacement of such employee(s) by the Contractor and/or subcontractors. The County shall exercise such right by providing written notice to the Contractor via U.S. Mail, fax or email. Such notice will include the County’s reason for the request. 6. The Contractor will replace any personnel who separate from Contractors employment with equivalently qualified persons. The Contractor will replace such personnel as soon as reasonably possible, and in any event within thirty (30) days after the Contractor receives notice that an employee will be leaving. Attachment number 5Page 36 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 37 7. The term “personnel” shall include all staff provided by the Contractor or its subcontractors who have worked or perform services under this Contract. Section 220: Employee Uniforms 1. Employees who perform collections or who supervise collection activities shall wear a uniform. Uniforms shall be of similar type and color for collections employees. Supervisors shall have some differing uniform characteristic to identify such authority (such as a different color shirt or notation on their name badge). 2. The uniform shirt shall be worn buttoned up within one button of the top button and tucked into the pants/shorts. The shirts must be kept in a clean professional manner. Shirts must remain free from rips, holes and stains. T- Shirts are allowed, so long as they meet all other Contract provisions. Tank tops and sleeveless shirts are not allowed. 3. The uniform must comply with a minimum standard of the American National Standards Institute “ANSI” class II requirements for visibility. Should the Contractor elect a uniform that does not meet this criteria, then a high visibility alternative (such as a vest) meeting the minimum standard of ANSI class II shall be worn at all times while collecting and disposing of materials under this Contract. 4. The uniform pants/shorts shall be worn above the hips and should have a length not less than one (1) inch above the knees. Pants/shorts must be kept in a clean professional manner. Pants/Shorts must remain free from rips, holes and stains. All pants/shorts must be hemmed and have a finished look. 5. The uniform outerwear must comply with a minimum standard of ANSI class II requirements for visibility. Should the Contractor elect outerwear that does not meet this criteria, then a high visibility alternative (such as a vest) meeting the minimum standard of ANSI class II shall be worn at all times while collecting and disposing of materials under this Contract. 6. All uniform shirts and outerwear shall have the company name placed in a conspicuous place. In addition, supervisors shall have the word “supervisor” placed in a conspicuous place. Section 230: Spillage 1. The Contractor shall pick up any material scattered or spilled during collection by the Contractor and clean up the area affected within three (3) hours of notification of the incident. Each truck shall carry equipment (such as a broom, shovel spill kit, etc) for this purpose. Attachment number 5Page 37 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 38 2. The Contractor shall immediately, or within one (1) hour of notification, commence clean up of any paint, hydraulic, transmission, or other oil spill, or commence clean up of any spillage which creates a hazardous condition (such as spillage involving glass). For any hazardous spill, the Contractor must notify the County immediately. 3. Failure to comply with these requirements is subject to Section 560 Liquidated Damages. Section 240: Damage Claims 1. The Contractor shall be responsible for any damages to real property, personal property and personal injury to the extent caused by negligent or willful acts or omissions and is caused in whole or in part by the Contractor, its employees, agents, or subcontractors in performing work under this Contract. 2. The Contractor shall notify the County immediately of any damages and/or damage claims as set forth in the section above, and shall indemnify and hold harmless the County for same. Written notice of any damages and/or damage claims shall be provided to the County within two (2) days, and shall include the name, address, telephone number, description of incident, witness information and the description of the remedy. The Contractor shall actively work to resolve the claim timely, timely shall mean within ten (10) working days after the Contractor has received notice of damages. Claims shall be resolved within thirty (30) days. For extenuating circumstances, upon written request from the Contractor, the County at its sole option may extend the above mentioned time period. If the damage claim is deemed as Contractors responsibility by law enforcement, their designee, or independent individual/organization trained to investigate such items and is not resolved within the applicable period, the County may take any action it deems necessary to make the injured party whole and deduct the same from amounts due the Contractor. Section 250: Customer Grievances The Contractor will designate a representative to adjudicate customer grievances. At the County’s request, the representative will join the County in meeting with an aggrieved customer within 24 hours of notification to resolve a complaint about spillage, a refusal to serve or a missed pick-up and/or other deficiency in service or a need for handicapped/special service or other specific Contract provisions. Attachment number 5Page 38 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 39 D. Reporting/Information Requirements Section 300: Report/Information Specifications Throughout the life of this Contract a series of reports and information will be required by the Contractor. These reports and information are called for throughout the Contract. The County reserves the right to dictate format, style and to the extent possible, standardization of all reports and information required under this Contract. The County may require reports in hard copy and/or electronic copy for any and all reports. Listed below is a guide to some of the reports/information included in this Contract. This list may not be inclusive of the reports or information required by the Contractor under this Contract. The County further reserves the right to alter the reporting requirements from time to time. 1. Spare vehicle utilization – (Section 62) 2. Asset Inventory List (Section 85) 3. Handicapped/Special Needs – as needed (Section 114) 4. Force Majeure Clean-Up – as needed (Section 120) 5. Eviction, Vacant Lot, Special Clean-Up – as needed (Section 122) 6. Disposal and Recycling – as needed (Section 132) 7. Service Disruption – as needed (Section 142) 8. Red tag, not out, etc. – daily (Section 144) 9. Lost and/or Damaged Carts (Section 148 and 150) 10. Employee remedial action – (Section 210) 11. Damage Claims – (Section 240) 12. Service increase/decrease – (Section 410) 13. CPI increase – (Section 430) 14. Equal Employment – (Section 600 and 610) 15. DBE – (Section 630) 16. Emergency Plan – (Section 700) Attachment number 5Page 39 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 40 E. Compensation Section 400: Payment for Collection Services 1. The County shall pay the Contractor monthly for all collection services under this Contract. Payment shall be based on the number of Units collected that are receiving Garbage service in the Contract Area. 2. A Unit will be “billable” in the current month if the Unit starts services on the 1st through the 14th day of the month. The Unit will be “billable” the following month if the Unit starts services on the 15th through the 31st day of the month. 3. Should a Unit sit vacant/idle, and no service rendered for a full month, then that Unit shall not be “billable” and should be removed from the Contractors monthly invoice and service list. 4. The County shall deduct any assessments due from the payment owed to the Contractor. 5. The County shall add additional moneys owed for additional services provided for under this Contract. Section 410: Payment Procedure 1. The Contractor shall generate and submit a service listing of all current customers, including service address and Cart/Bin numbers, which meets the definition(s) provided by the Solid Waste Department, which is at least 99% accurate by November 1, 2005. 2. The Contractor shall maintain its service listing with at least 99% accuracy, listing any service increases or decreases meeting the above stated requirements for the month of December, 2005. 3. The Contractor shall submit a monthly invoice to the County within five (5) business days from the end of the month. The invoice shall be for services performed in the previous month at a Unit Price for that period of the Contract as outlined in Exhibits B, C, and D, as well as Section 400 and other provisions in this Contract. 4. The Contractor shall submit a monthly list of all service increases or decreases to the number of Units as defined by this Contract along with the above stated invoice. The Contractor is required to supply the date the Unit went into service, the address of the Unit, and any Cart/Bin numbers. The net difference will either be added to or subtracted from the prior months final Unit count. Attachment number 5Page 40 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 41 5. The County shall pay the Contractor within thirty (30) days of receipt of an undisputed invoice. 6. Payment requests shall be accompanied by: b. Data supporting the payment request to include a Unit list with name, service address and Cart/Bin number(s) as necessary to substantiate the Contractors right to remittance of the amounts invoiced. c. Certification from the Contractor that it has fully and properly performed all items of the work covered by the payment request, that all insurance and bonds required are in full force and in effect, and all subcontractors and suppliers have been paid from previous requests, and that the Contractor is not in default of any provision of the Contract. d. Certification from the Contractor that it has fully and properly met all obligations under the reporting requirements sections of the Contract, and has done so fully and honestly. e. Payment for services will not be paid until the above mentioned items have been received. 7. Should the County dispute any portion of the invoice, it shall within thirty (30) days of receipt of the invoice, provide the Contractor with a detailed itemized list of such objections. Section 420: Contract Unit Price See Exhibit B. Section 430: Adjustments 1. CPI Adjustment a. The Contractor shall be entitled to one hundred percent (100%) of the actual percentage change in the CPI (as hereinafter defined). b. The “CPI”. Means the Consumer Price Index for All Urban Consumers (“CPI-U”), Atlanta, Georgia – Atlanta, Georgia, All Items, 1982-1984 equals 100, published by the United States Department of Labor, Bureau of Labor Statistics (“BLS”), or its successor. If BLS designates an index with a nes title or code number or table number as being the continuation of the index cited above, the new index will be used, or if no new index is designated, the most nearly compatible index shall be used. Attachment number 5Page 41 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 42 2. General conditions for adjustments. a. The CPI Index percentage change will be determined from January 1st to December 31st of the previous year, with an implementation of the increase on June 1st, and every June 1st thereafter with the first increase starting in June of 2007. b. The Contractor must notify the County in writing by March 31st of each year beginning March of 2007, of the amount and percentage of any rate adjustment allowed under this section. If timely notice is not received by the County, no increase will be allowed for that year. c. In any event, the adjustment will be limited to a maximum increase or decrease of four percent (4%) annually. Section 440: Wage Increases for Employees All wage increases for collectors or any other employees of the Contractor granted during the term of this Contract shall be the sole responsibility of the Contractor. Any benefits or added costs resulting from changes in technology, laws and regulations, labor practices, availability of equipment, and other foreseeable business risks that may affect the performance of this Contract shall be the Contractor’s advantage or expense respectively, except noted herein. Section 450: Withholding and Payment of Tax Liens and Judgments The County may withhold and pay to the United States of America or to any federal court, or the State of Georgia or any state court, the amount claimed in a levy filed by the United States Internal Revenue Service or the Georgia State Department of Revenue, respectively, the amount directed by a writ of garnishment, writ of attachment, or writ of execution or by an order of a Bankruptcy Court, and/or by any court order, each for monies claimed from the Contractor. When presenting such an order, the County may in its discretion institute interpleading proceedings. The County may make a payment in conjunction with the interpleaded action to the appropriate court. Payments so made or deposited into the registry of the court shall be satisfaction of payment due to the Contractor. Attachment number 5Page 42 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 43 F. Security, Liability, Damages Section 500: Payment Bond 1. The Contractor shall furnish the County a bond with a corporate surety acceptable to the County in the amount equal to twenty five (25%) of the annual Contract amount. The bond shall be valid and non-cancelable for a period not less than one (1) year and the Contractor shall provide a new bond, or evidence satisfactory to the County of the renew ability of the current bond at least forty five (45) calendar days before it expires. 2. The initial payment bond must be in place fifteen (15) days prior to the Start Date of the Contract. 3. The bond shall be for the use and benefit of the County, with a surety company authorized to do business in the State of Georgia and acceptable to the County. Said bond shall be conditioned that should such Contractor faithfully pay all laborers, mechanics, subcontractors, material men, and all persons who shall supply such Contractor or subcontractors with provisions and supplies for the performance of this Contract, said bond shall be null and void and shall be further conditioned that any person(s) performing such work or services, said bond shall contain appropriate recitations that it is issued pursuant to this Contract. Section 510: Performance Bond 1. The Contractor shall furnish the County a bond with a corporate surety acceptable to the County in the amount equal one hundred percent (100%) of the annual Contract amount. The bond shall be valid and non-cancelable for a period not less than one (1) year and the Contractor shall provide a new bond, or evidence satisfactory to the County of the renew ability of the current bond at least forty five (45) calendar days before it expires. 2. The initial payment bond must be in place fifteen (15) days prior to the Start Date of the Contract. 3. The bond shall be for the use and benefit of the County, with a surety company authorized to do business in the State of Georgia and acceptable to the County. Said bond shall be conditioned that should such Contractor faithfully perform each and every term, condition, and provision of this Contract, said bond shall be null and void and shall be further conditioned that any person(s) performing such work or services, said bond shall contain appropriate recitations that it is issued pursuant to this Contract. Attachment number 5Page 43 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 44 Section 520: Default of Contractor 1. This section is independent, notwithstanding any other provisions of this Contract. The Contractor may be held in default of the Contract in the event the Contractor: a. Fails to perform ninety percent (90%) of the collections required by this Contract and appears, to the County, to have abandoned the work, or to be unable to resume collections within forty-eight (48) hours. b. Has failed on any occasion of two (2) consecutive working days, in any year, or ten (10) days in a calendar year to perform the collections required by the Contract; except as provided in Section 140. c. Fails to comply with the terms of Section 600 through 640 upon written notice by County with 15 days to cure. Said cure period will only apply to the first offense of similar offenses. d. Fails to furnish and maintain a Performance and/or Payment Bond per Section 500 and 510. e. Fails to furnish and maintain the Insurance requirements per Section 540. f. Fails to be granted and/or receive prior written approval of a change of control or other provision as defined in Section 875. g. Repeatedly neglects, fails, or refuses to comply with any of the terms of the Contract, after having received notice of its obligation to do so. 2. To initiate proceedings under this Section, the County shall give notice to the Contractor and its surety. Within 7 days, Contractor may demand a at which the Contractor may show cause why it should not be declared in default or why it should be given the opportunity to cure said default. In the event the Contractor fails to show, to the reasonable satisfaction of the County, why the Contractor should not be declared to be in default of this Contract, the County may make a declaration of default. In evaluating whether to make such a declaration of default, the County shall, in its discretion, consider the severity of the alleged violations, and the overall performance of the Contractor under the Contract. 3. In declaring the Contractor to have defaulted on the Contract, the County also may order the Contractor to discontinue further performance of work under the Contract and transfer the obligation to perform such work from the Contractor to the surety on the Contractor’s performance bond and take any other action it deems advisable. Attachment number 5Page 44 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 45 4. Under receipt of a notice that the work has been transferred to the surety without termination of the Contract, the surety shall take possession of all materials and equipment described in the most recent inventory submitted to the County pursuant to Section 85 hereof, for the purpose of completing the work under the Contract, employ, by the Contract or otherwise, any person and/or all persons needed to perform the work; and provide materials and equipment required therefore. Such employment shall not relieve the surety of its obligations under the Contract of bond. If there is a transfer to the surety, payments shall be made to the surety or its agent for all work performed under the Contract subsequent to such transfer, in amounts equal to those that would have been made to the Contractor had it performed in the manner and to the extent of the surety’s performance, and the Contractor shall have no claim upon the same. 5. In the event the surety on the Contractor’s performance bond fails to assume or continue performance within two (2) days after its receipt of notice that the work has been transferred to such surety, the Contractor shall be deemed to have leased, subleased, or otherwise license the County to use all, or whatever portion is desired by the County, of the materials and equipment described on the most recent inventory submitted to the County pursuant to Section 85 hereof, for collection (and processing) purposes for a period of up to one (1) year following the date of the declaration of default by the County without requiring the County to execute any other document whatsoever to accomplish such lease, sublease, or license and without requiring the County to post any bond, pledge, deposit or other security for such equipment and materials, but upon the condition that the County pay for the equipment and materials actually used for such collection a market rental that is no greater than (i) the monthly lease, in the event such property is leased by the Contractor, (ii) the periodic installment, in the event such property is being acquired under a purchase Contract, (iii) the periodic financing interest and principal, in the event such property is being acquired under a purchase Contract, or (iv) the financing arrangement; provided, that under no circumstances shall the County be liable during its use of such property for any arrearages, balloon payment, accrued interest, accelerated charges in the event of a default, or other extraordinary payment; nor shall the satisfaction thereof be a condition of the County’s interim use of such property; provided, further, that such lease, sub-lease, or license shall be suspended the date the surety on the Contractor’s bond or its agent accepts the transfer of work under the Contract. 6. In the event the County secures the performance of work under the Contract at a lesser cost than would have been payable to the Contractor had the Contractor performed the same, then the County shall retain such difference; but in the event such cost to the County is greater, the Contractor and its surety shall be liable for and pay the amount of such excess to the County. Attachment number 5Page 45 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 46 7. All payments due the Contractor at the time of default, less amounts due the County from the Contractor, shall be applied by the County against damages suffered and expense incurred by the County to reason of such default, any excess shall be paid to the Contractor unless otherwise provided herein. 8. Notwithstanding the provisions of this Section, a delay or interruption in the performance of all or any part of the Contract resulting from causes beyond the Contractor’s control, as defined in section 880, shall not be deemed to be a default and the rights and remedies of the County provided for herein shall be inapplicable; provided that all labor disputes as defined in section 880 hereof shall not be considered a cause beyond the Contractor’s control as defined in section 880. Section 530: Commitment of Equipment 1. Unless a replacement or substitute is provided, all vehicles, facilities, equipment and property identified in the Contractor’s inventory under Section 85 for use in the performance of this Contract (called “such property”) shall be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky Waste. When provided, this Section applies to the replacement and substitute. 2. For the duration of this Contract, any document (including a lease to or by the Contractor, financing Contract, acquisition over time, mortgage, or other instrument establishing a security interest) that encumbers or limits the Contractor’s interest in such property shall: a. Allow the surety on the Contractor’s performance bond to take over the Contractor’s obligations and to continue the use of the equipment in service for performance of the Contract; b. Allow the County to take over the Contractor’s obligations and to continue the use of the equipment in service for performance of the Contract; c. Exempt the County from liability during its usage of such property for arrearages, balloon payments, accrued interest, accelerated charges on account of a default, or other extraordinary payments, and not make satisfaction thereof a condition of the County’s interim usage; and d. Forbare any foreclosure, trustee’s sale or other dispossession of the Contractor’s interest in such property without giving both the County and surety on the Contractor’s performance bond sixty (60) days prior notice, and then make any termination of the Contractor’s interest in such property pursuant to such action or the enforcement thereof subject to the requirement of Subsections 1, 2, and 3 of this section. Attachment number 5Page 46 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 47 3. To assure compliance with this Section, the Contractor shall submit to the County for review and approval or disapproval prior to execution all contracts, leases, or other documents for acquisition of, or encumbering or limiting the Contractor’s interest in, such property or for replacements thereof and any proposed agreement that would encumber or transfer any interest of the Contractor in such property before the Contractor’s execution of such agreement. The County’s approval shall not be unreasonably withheld. Section 540: Insurance 1. Contractor shall at all times during the term of this Contract, obtain and maintain continuously, at its own expense, and file with the County evidence of a policy or policies of insurance as enumerated below, which name the County as an additional insured: 2. A policy of Commercial General Liability Insurance, written on an insurance industry standard occurrence form, including the following coverage’s: a. Premises/Operations Liability b. Products/Completed Operations Liability c. Personal/Advertising Injury d. Contractual Liability e. Independent Contractors Liability f. Stop Gap/Employers Contingent Liability g. Explosion, Collapse, or Underground (XCU) h. Fire Damage 3. Such Policy(ies) must provide the following minimum limits: a. Bodily Injury and Property Damage b. $2,000,000 General Aggregate c. $2,000,000 Products & Complete Operations Aggregate d. $1,000,000 Personal & Advertising Injury e. $250,000 Fire Damage Attachment number 5Page 47 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 48 4. Stop Gap Employers Liability: a. $1,000,000 Each Accident b. $1,000,000 Disease – Policy Limit c. $1,000,000 Disease – Each Employee 5. A policy of Business Automobile Liability including coverage for owned, non-owned, leased or hired vehicles written on an insurance industry standard form or equivalent. Such policy(ies) must provide the following minimum limit: a. Bodily Injury and Property Damage b. $1,000,000 Per Person c. $2,000,000 Per Occurrence 6. A policy of Workers Compensation Insurance. With respects to Workers Compensation insurance in the State of Georgia, the Contractor shall secure its liability for industrial injury to its employees in accordance with the provisions of § 34-9-1 et seq, Official Code of Georgia Annotated. Such policy must provide the following minimum limits: a. Statutory coverage for injuries and occupational disease. b. $1,000,000 Employer’s Liability. 7. Any deductible or self-insured retention must be disclosed and is subject to approval by the County. The cost of any claim payments falling within the deductible shall be the responsibility of the Contractor. 8. If any such policy is written on a “Claims Made” form, the retroactive date shall be prior to or coincident with the Start Date of this Contract. The policy shall state the coverage is “Claims Made”, and state the retroactive date. Claims made from coverage shall be maintained by Contractor for a minimum of two years following the expiration or earlier termination of this Contract, and Contractor shall annually provide the County with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the County to assure financial responsibility for liability for services performed. Attachment number 5Page 48 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 49 a. Additional Insured and Primary Insurance Provisions: Such insurance, as provided under items (1), and (2) above, shall be endorsed to include the County, its officers, elected officials, employees, agents, and volunteers as additional insured, and shall not be reduced or canceled without forty-five (45) days prior written notice to the County. In addition, Contractor’s insurance shall be primary and any other insurance maintained by the County shall be excess and not contributing insurance with the Contractors insurance. b. Evidence of Insurance: The following documents must be provided as evidence of insurance coverage: i. A copy of the policies declarations pages, showing the insuring company, policy effective dates, limits of liability and the schedule of forms and endorsements. ii. A copy of the endorsement naming the County as an additional insured showing the policy number and signed by an authorized representative of the insurance company for business auto liability and for the commercial general liability policy a form CG 2010 (ISO) or equivalent. iii. A copy of the “Endorsement Form List” to the policy or policies showing endorsements issued on the policy, and including any company-specific or manuscript endorsements. iv. A copy of an endorsement stating that the coverage’s provided by this policy to the County or any other named insured shall not be terminated, reduced or otherwise materially changed without providing at least forty-five (45) days prior written notice to the County. v. A copy of a “Separation of Insured” or “Severability of Interest” clause indication essentially that – except with respect to the limits of insurance and any rights or duties specifically assigned to the first named insured and separately to each insured against whom claim is made or suit is brought (Commercial General Liability and Business Automobile Liability Insurance). c. Policy Rating: All policies shall be subject to approval by the County as to company (must be rated A-:VII or higher in the A.M. Best’s Key Rating Guide and licensed to do business in the State of Georgia or issued as a surplus line by a Georgia Surplus lines broker), form and coverage, and primary to all other insurance Attachment number 5Page 49 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 50 d. Self Insurance: Should Contractor be self insured, under item (1), (2) and (3) above, a letter form a Corporate Officer stipulating if actuarially funds and fund limits; plus any excess declaration pages to meet the Contract requirements. Further, this letter should advise how Contractor would protect and defend the County as an Additional Insured in their Self- Insured layer, and include claims handling directions in the event of a claim. e. Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate evidence of insurance as stated above for each subcontractor. All coverage’s for subcontractors shall be subject to all the requirements stated herein and applicable to their profession. 9. Failure of the Contractor to furnish and maintain said Insurance requirements shall be considered a material default of this Contract. Section 550: Indemnity The Contractor(s) shall defend, indemnify and save harmless the County and the County’s officers, employees and agents from any and every claim and risk, and from all losses, damages, demands, suits, judgments and attorney fees, and other expenses of any kind (collectively “losses”) arising out of this Contract or the performance thereof; including but not limited to any personal injury, or death of any and all persons (including but not limited to the Contractor, its agents, employees, subcontractors and their successors and assignees, as well as the County or the County’s agents and all third parties); and including any property damage of any kind, whether tangible or intangible, including loss of use resulting there from, in connection with or related to the negligent or willful act(s) or omissions of the Contractor of its subcontractor which were caused in whole or in part by the Contractor or its subcontractor while performing work under this Contract, or in connection with or related to (in whole or in part by reason of) the presence of the Contractor or its subcontractors or their property, employees or agents, upon or in proximity to the property of the County or any other property (upon which the Contractor is performing any work called for), except only those losses resulting solely from the negligence of the County. Section 560: Liquidated Damages – Reasonable pre-estimate of Owners Damages 1. Augusta is committed to delivering quality solid waste disposal services to its citizens and maintaining clean streets and public areas. This Section establishes damages for failure to meet performance standards hereinafter set forth. This Section is independent of Section 511 – Default of Contractor. The County and Contractor expressly agree that the potential harm or injury to the County caused by the following incidents of substandard performance are difficult or impossible to accurately estimate. The County and Contractor stipulate that the following damages are a reasonable pre-estimate of the Attachment number 5Page 50 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 51 probable loss to the County and the public. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. 2. This Section is independent of Section 520 - Default of Contractor. The amounts agreed to herein for each act or omission are Liquidated Damages. Liquidated Damages may be set-off and deducted from the monthly payment to the Contractor. 3. This section will be effective on and after February 1, 2006. a. Performance Standard (Omission): Not placing Carts/Bins back in their original locations in a neat and orderly manner, Carts/Bins upright, and thoroughly emptied. (Section 114) Damage: $25 per incident b. Performance Standard (Omission): Commencement or completion of collections outside of contract specifications except as expressly permitted herein. (Section 126) Damage: $100 per incident (each truck is a separate incident plus starting early and ending late will be considered two events) c. Performance Standard (Omission): Failure to collect spillage. (Section 230) Damage: $100 per incident per day (each Unit represents a separate incident) d. Performance Standard (Omission): Failure to collect missed Garbage, Yard Waste, Recycling or Bulky Waste pursuant to this Contract. (Section 144) Damage: $25 per incident to a maximum of $500 per truck per day for each type of collection (Garbage, Yard Waste, etc.) Attachment number 5Page 51 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 52 e. Performance Standard (Omission): Failure to deliver or replace Carts/Bins as specified in the Contract. (Sections 148 and 150.) Damage: $25 per Carts/Bins per day. f. Performance Standard (Omission): Failure to start the Contract on the Start Date. Damage: $5,000 per day. g. Performance Standard (Omission): Mixing of Contract waste with non-contract waste. (Section 60) Damage: $5,000 per event h. Performance Standard (Omission): Intentional disposal of Yard Waste and/or Recycling Materials placed in a collection vehicle collecting Garbage. Damage: $100 per incident per day (each Unit represents a separate incident) (Section 104) 4. The liquidated damages set forth above are not intended to compensate the County for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude the County from recovering other damages in addition to the payments made hereunder which the County can document as being attributable to the above referenced failures. In addition to other costs that may be recouped, the County may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as attorney fees if applicable. Attachment number 5Page 52 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 53 G. Equal Opportunity/Non-Discrimination, Drug Free Work Place Section 600: Equal Employment Opportunity 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to the following: employment, upgrading, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices are provided, setting forth the provisions of this non-discrimination clause. 2. The Contractor agrees that it will inform the County of any alleged violation(s) of employment practices involving any employees who work under this Contract which are asserted in any claims filed with the Equal Employment Opportunity Commission, Labor Department, or any other federal or state compliance agency within ten (10) days of becoming aware of said claim. The Contractor will also inform the County of the final disposition of such cases within ten (10) days of becoming aware of the final disposition. Section 610: Equal Employment Opportunity – Implementation 1. The Contractor shall obtain in writing from each subcontractor or participant in a joint venture, an affirmative action policy or program and retain such written policy or program for inspection by the County. 2. The Contractor shall be responsible for the compliance of subcontractors or joint ventures. Appropriate sanctions for noncompliance will be imposed on the Contractor. The requirements for the Contractor apply to subcontractors, regardless of tier. The Contractor’s responsibility includes obtaining equal employment opportunity documentation from subcontractors or joint ventures and reviewing the same as to validity and compliance. The Contractor shall submit such documentation concurrent with the Contractor’s own submittals. 3. The Contractor will, prior to commitment and during the term of this Contract, furnish to the County upon their request and on such form as may be provided Attachment number 5Page 53 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 54 by the County, a report of the affirmative action taken by the Contractor in implementing the terms of these provisions, and will permit access to their records of employment, employment advertisements, application forms, other pertinent data records requested by the County for the purpose of investigation to determine compliance with this provision. If upon investigation, the County finds probable cause to believe that the Contractor has failed to comply with any of the terms of these provisions, the Contractor and the County shall be so notified in writing. The County shall give the Contractor an opportunity to be heard, after ten (10) days notice. If the County finds cause, the County may suspend the Contract and/or withhold any funds due or to become due to the Contractor, pending compliance by the Contractor with the terms of these provisions. Failure to comply with any of the terms of these provisions shall be a material default of the Contract. 4. The foregoing provisions will be inserted in all subcontracts for work covered by this Contract. Section 620: Contractor’s Hiring Goals - Gender 1. Without granting preferential treatment on the basis of gender, and without compromising the Contractor’s commitment to equal opportunity in employment practices, the Contractor agrees to use good faith efforts to ensure there are fair opportunities for women to participate in its workforce. The Contractor shall provide the County with Annual reports or proof as reasonably requested demonstrating its good faith efforts to comply with this goal. 2. Good Faith Effort as used in this Section refers to the Contractor’s affirmative efforts to ensure there are fair opportunities for qualified women to participate in the non-traditional aspects of the solid waste collection industry. 3. Evidence of the Contractor’s Good Faith Efforts shall include but will not be limited to: a. Efforts to ensure awareness by women of employment opportunities in the industry through (i) providing materials to be circulated and distributed concerning the breadth of opportunities, including, notices of full and part- time position openings and (ii) making clear to potential applicants the Contractor’ commitment to bring eligible employees into its workforce., regardless of gender. b. Efforts to assist all employees without regard to gender in being able to handle (i) the physical demands of the job through training in safety procedures, (ii) training in proper lifting techniques and other injury prevention measures and (iii) training in driving and operating equipment and; Attachment number 5Page 54 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 55 c. Efforts to maintain an equal opportunity work environment by (i) having regular and semi-annual planning/training sessions with workers outlining the Contractor’s policy prohibiting harassment, sexual harassment and its intention to strictly enforce the policy, (ii) offering women employees training to mitigate possible intimidating aspects of being the first female members of a traditionally male dominated occupation, (iii) offering training in increased productivity methods, and (iiii) providing special training to supervisory personnel for purposes of EEO and sexual harassment policy implementation. 4. The foregoing provisions will be inserted in all subcontracts for work covered by this Contract. Section 630: Good Faith use of Disadvantaged Business Enterprises It is an official policy of the Augusta-Richmond County Commission, other Augusta- Richmond officials, and employees, that all necessary and reasonable steps shall be taken to ensure that disadvantaged business enterprises including small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts. Further, the Augusta-Richmond County Commission has the option to establish incentives to promote business opportunities covered by Augusta-Richmond County Code§ 1-10-61. To implement this policy, County encourages minority participation through subcontracting, joint ventures, or other methods in contracting for services. In order to expedite the evaluation process, we have attached is the Checklist for Good Faith Efforts, Proposed Disadvantaged Business Enterprise Participation, and Letter of Intent to Perform forms. The Contractor should complete the Proposed DBE Participation Form, indicating the percentage of participation for this Contract. Augusta-Richmond County’s office of Disadvantaged Business Enterprise is available at (706) 826-1325 as a resource in identifying local Disadvantaged Business Enterprise (M/WBEs and SBEs). Definition(s) 1. Minority Person – A United States citizen or permanent resident alien (as defined by the Immigration and Naturalization Service) of the United States, who is Asian, Black, Hispanic, Native American, or female, also one who is economically and socially disadvantaged. 2. Disadvantaged Business Enterprise (M/WBE and SBE) - A business which is owned or controlled by minority persons who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social and economic disadvantages. The ownership interest must be real and continuous and not created solely to meet the minority business or Attachment number 5Page 55 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 56 minority contractor provisions of this Policy. More specifically, disadvantaged business refers to any small business concern which: a. Is at least fifty-one 51% owned by one or more minority citizens of the United States who are determined to be socially and economically disadvantaged? b. Is a corporation, with fifty-one percent (51%) of all classes of voting stock of such corporation must be owned by an individual determined to be socially and economically disadvantaged. c. Is a partnership, with fifty-one percent (51%) of the partnership interest is owned by an individual or individuals who are socially and economically disadvantaged and whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. Such individuals must be involved in the daily management and operation of the business concerned 3. Women Business Enterprise (WBE) – A business which is owned and controlled by one or more females and who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social and economic disadvantages. 4. Small Business Enterprise (SBE) – A local small business which has its principal office and place of doing business in Augusta-Richmond County which is not dominant in its field of operation and is regarded as small in size as measured by its annual gross receipts being less than $500,000. DBE Utilization 1. Obligation a. Contractors are required to make all possible efforts that are reasonable to ensure that M/WBEs and SBEs have full and fair opportunities to compete for performance by complying with the requirements of this clause. Included in these requirements is the achievement of a good faith effort to utilize Disadvantaged Business Enterprise under this Contract either directly or indirectly through work, services or supplies or other available means, and/or substantiation that there is a good faith effort to ensure that DBEs had the maximum opportunity to participate in the performance of work under this Contract. Contractors shall not discriminate on the basis of race, ethnicity, national origin or gender in the award and performance of the work under this contract. Attachment number 5Page 56 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 57 2. Compliance a. The Contractors participating in this contract are hereby notified that failure to fully comply with the County’s DBE policy, as set forth herein, shall constitute a breach of contract which may result in termination of the Contract or such other remedy as deemed appropriate by the County. 3. Requirements and procedures subsequent to Contract award and prior to issuance of notice to proceed a. Upon approval of the required DBE utilization documentation, including but not limited to (Contractor’s DBE Utilization Form; Proposed DBE Participation Form) the successful Contractor shall enter into a subcontract with each approved subcontractor. A copy of said sub-contract shall be provided to the County prior to the start date of the Contract. The Contractor, thereafter shall neither terminate nor significantly reduce the scope of work to be performed by, or significantly decrease the price to be paid to, the subcontractor there under, without, in each instance, prior written approval of the County. All requests are to be made in writing. An additional copy of said request shall be sent to: Director of Disadvantaged Business Enterprise 501 Greene Street, Suite 304 Augusta, Georgia 30901 b. DBE Substitutions – Failure to comply with the terms of the Contract, including required use of DBE’s as indicated on the Contractor’s Statement of the DBE Utilization form constitutes breach of contract, and may lead to the cancellation or termination of the Contract. The Contractor must notify the County, in writing of the necessity to substitute a new DBE in order to fulfill the DBE requirements prior to a substitution being made. The letter requesting approval of a substitution must give specific reasons for justifying release by the County of prior DBE commitments specified in the Contractor’s proposal. An additional copy of said request shall be sent to: Director of Disadvantaged Business Enterprise 501 Greene Street, Suite 304 Augusta, Georgia 30901 Actual substitution or replacement of DBEs to fulfill the DBE Contract requirements shall not be made before the County’s written approval is given as the acceptability of the substitute DBE. Attachment number 5Page 57 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 58 c. After award of the Contract, no waiver of the DBE requirements will be granted except in exceptional circumstances. Requests for complete or partial waiver of the DBE requirements of this Contract must be submitted in writing to the County, stating all details of the request, the circumstances, and any additional relevant information. The request must be accompanied by a record of all efforts taken by the Contractor to locate specific DBEs, to solicit DBE bids, and to seek assistance from the Office of the Disadvantaged Business Enterprise, (706) 826-1325. An additional copy of said request shall be sent to: Director of Disadvantaged Business Enterprise 501 Greene Street, Suite 304 Augusta, Georgia 30901 In cases, where an enterprise was previously considered to be DBE is found not to be bona fide, the County will consider the following special criteria in evaluating a waiver request. 1. Whether, the prime contractor was reasonable in believing the enterprise to be a bona fide DBE; and 2. Whether reasonable efforts were taken to substitute the DBE involved. 4. Reporting requirements and post award compliance a. To assist the County in determining the responsibility of the Contractor in adhering to the DBE requirements of the Contract, the successful Contractor shall submit the DBE validating information. 1. Attachment “A” and Attachment “B” shall be completed and submitted with proposal in a separate sealed envelope, indicate N/A if no participation. 2. All firms must have a valid and current certification awarded by the Office of the DBE; Department of Transportation; GDOT; or other recognized certification entity. b. Any Contractor found to have knowingly engaged in or participated in any attempt, directly or indirectly, to evade the requirements of this DBE Contract clause may be declared ineligible for any future contracts paid for, in whole or in part by the County. Furthermore, the Contractor may be held liable to the County for any forfeiture of funds or damages caused by a delay in the award or performance of the Contract resulting from the Contractor’s non- compliance. c. During the performance of the work under this contract, the Contractor shall keep such records as are necessary to determine compliance with its DBE Attachment number 5Page 58 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 59 utilization obligations. Records to be kept by the Contractor will indicate the actual DBE and non-DBE contractors, types of work being performed, actual dollar value of work, services, and procurement (See Attachment C). Notice shall be made in writing, and include a copy to the Office of Disadvantaged Business Enterprise, any time during the contract period that the Contractor anticipates the established DBE requirements on the Contract will not be achieved. In the event the Contractor does not achieve the established requirement, the records shall also include the following: (i) the progress and efforts being made in seeking out disadvantaged contractors for work on this project; and (ii) documentation of all correspondence, contacts, telephone calls, etc., to obtain the services of disadvantaged business enterprises on this project. d. During the Contract period, the Contractor shall submit reports (See Attachment C) monthly on contracts and other business transactions executed with DBEs with respect to the records cited to exact provision the records are referred to. The reports shall be in such a form, manner, and content as prescribed by the County. The report (See Attachment C) shall be submitted with each request for payment, no later than five (5) business days from the end of the month with a copy going to both the Solid Waste Department as well as to the Office of Disadvantaged Businesses Enterprise. Section 640: Non-Discriminatory Service The Contractor will not discriminate against any customer or County resident in the provision of service or quality of service on account of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide qualification to or for service. The Contractor shall provide the same good quality service throughout the Collection Area without regard to racial, ethnic, or cultural characteristics or relative standard of living of the neighborhood. Section 650: Drug –Free Workplace 1. The County is a drug-free workplace employer. The Contractor hereby certifies that it has or it will within thirty (30) days prior to the Start Date of the Contract: 2. Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition; 3. Establish a drug-free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Contractor’s policy of maintaining a drug-free workplace, (iii) any available drug counseling, Attachment number 5Page 59 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 60 rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations; 4. Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlined above, and (ii) notify the Contractor of any criminal drug statute conviction for a violation occurring in the workplace not later that five (5) days after such conviction; 5. Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by, an employee convicted of a drug crime; 6. Make a good faith effort to continue to maintain a drug-free workplace for employees; and require any party to which it subcontracts any portion of the work under the Contract to comply with the above provisions. 7. A false certification or the failure to comply with the above drug-free workplace requirements during the performance of the Contract shall be grounds for suspension, termination or debarment. 8. The foregoing provisions will be inserted in all subcontracts for work covered by this Contract. Attachment number 5Page 60 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 61 H. Operations Plan, Emergency Plan Section 700: Operations Plan 1. After the Contract has been awarded and no less than ninety (90) days prior to the Start Date, the Contractor shall prepare and submit to the County a comprehensive and detailed Operations Plan, which describes in detail all tasks, procedures and resources associated with the transition from the County’s current Contract for Garbage, Yard Waste, Recycling and Bulky Waste collection to the awardees of this Contract. The Operations Plan, once approved by the County, will become a part of this Contract. 2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities, events, procedures and resources necessary for the Contractor to provide for a smooth and efficient transition from the County’s current service providers to the Contractor awardees, with minimum disruption to the County’s Customer. The Operations Plan will further contain a time line and completion date for all such tasks and activities. The Contractor will ensure that certain essential operations as set forth in the Operations Plan will not be interrupted by any part of the transition. The Contractor shall seek the County’s input in developing the Operations Plan, and the Operations Plan shall not be deemed final until accepted in writing by the County. 3. The Operations Plan shall be maintained by the Contractor, and shall be updated and submitted to the County on a weekly basis throughout the implementation phase to reflect the current status of all work. Aside from updates to show tasks accomplished, no changes to the Operations Plan shall be made without the prior written approval of the County. 4. The County shall have the right to audit, on its own behalf or through agents, the Operations Plan and the progress of all work throughout the implementation. The County or its agents shall be entitled to conduct audits as it sees fit. 5. The Contractor will adhere to the schedule set forth in Operations Plan regarding the transition and implementation of its Garbage, Yard Waste, Recycling, and Bulky Waste. There shall be no extensions of the time periods or completion dates set forth in the Operations Plan without the County’s written consent. 6. When stating days in the Operations Plan, it is to be based on Calendar Days. 7. Throughout the implementation phase weekly reports will be made to the County regarding the progress of the transition. Attachment number 5Page 61 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 62 8. Samples of items to include in the operations plan would be; a. Acquiring assets, preparing assets for collection, scheduling asset inspections, etc. b. Asset Inspections. c. Developing asset inventory lists. d. Setting up contractors offices. e. Ensuring disposal stickers are purchased, and placed on vehicles. f. Setting up routes, and creating service maps. g. Procedures for notifying customers of new collection days. h. Procedures for orientation of collection and Cart/Bin delivery personnel including route coordination/cooperation with County staff. i. Identifying handicapped/special needs customers. j. Procedures for transmitting information to and from the County and the Contractor k. Procedures for applying, appealing and reversing liquidated damages. l. Standards for electronic transfer of information. m. Acquisition of bonds and insurance. n. Developing an emergency plan. Section 710: Emergency Plan 1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an Emergency Plan to the County which shall detail those actions which the Contractor will take to deal with emergency situations such as extreme cold temperatures, snow/ice, fire, or natural disaster which would require a deviation from normal operating procedures. 2. The Emergency Plan shall also include emergency phone numbers of the Contractor, and for key contact persons, such that a responsible contact person is available to the County at all times. The Emergency Plan must also include customer notification procedures. Attachment number 5Page 62 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 63 3. Upon submission of the Emergency Plan to the County, the County shall approve or reject the Emergency Plan. If the Emergency Plan is rejected, the Contractor and the County will begin negotiations to develop a mutually agreeable Emergency Plan prior to the Start Date of the Contract. 4. The emergency plan shall be updated annually in the month of January. Additional updates are required when items in the plan change or need updated. Attachment number 5Page 63 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 64 I. Ancillary Provisions Section 800: Assignment of Pledge of Monies by the Contractor The Contractor shall not assign or pledge any of the monies due under this Contract without securing the written approval of the surety on the performance bond as well as the payment bond and providing at least thirty (30) days prior written notice to the County of such assignments or pledge together with a copy of the surety’s approval(s) thereof. Such assignments or pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this Contract. Section 805: Assignment, Subcontracting, Delegation of Duties 1. The Contractor may not sub-Contract more than 50% of the total amount of collections and total work under this Contract without the prior written approval of the County. The Counties decision shall be final and binding. 2. Except for the subcontracting identified in the Contractor’s proposal, the Contractor shall not assign or subcontract or transfer any of the work or delegate any of its duties under the Contract without the prior written approval of the County, which approval may be withheld in the County’s sole discretion. Notwithstanding the foregoing, the County’s approval shall not unreasonably be withheld if the Contractor proposes to assign or transfer this Contract to an affiliate of the Contractor or to Contractors parent corporation, provided that Contractor can establish to the reasonable satisfaction of the County that (i) the assignee or transferee will operate the Contract in substantially the same manner as the Contractor, will use substantially the same management and collection personnel as Contractor, and possesses substantially the same financial capabilities as Contractor and (ii) the assignee or transferee is not affiliated in any way with the company that has a Contract for residential collection with the County for the portion of the County outside the Contractor Collection Area. 3. In the event of an assignment, subcontract, or delegation of duties, the Contractor shall remain responsible for the full and faithful performance of the Contract and the assignee, subcontractor, other obligor shall also become responsible to the County for the satisfactory performance of the work assumed. The County may condition its approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to the County to fully and faithfully complete the work or responsibility undertaken. 4. During the term of this Contract, the Contractor shall not have an ownership interest in any other company that has a Contract for residential collection with the County. Attachment number 5Page 64 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 65 5. Should a Contractor sub-contract work under this contract, a sub-contract contract/agreement shall be generated in writing. This agreement shall at a minimum include the area to be serviced, the price that the sub-contractor shall be paid, and the required sections under this contract that flow through to a sub-contractor. A copy of said agreement(s) shall be provided to the County within fourteen (14) days of execution. Section 810: Audit and Inspections 1. During the term of the Contract and for a period of one (1) year after the termination or expiration of the Contract for any reason, the County shall have the right to audit, either itself or through an agent, the books and records (including but not limited to technical records) of the Contractor to ensure the Contractor’s compliance with all the terms and conditions of the Contract. 2. During the term of the Contract, the County shall have the right to inspect any item deemed necessary to ensure that Contract provisions are/were being met. This can include, but is not limited to; site visits to the office or other locations used under this Contract, disposal locations, field, shop inspections or equipment, etc. Section 815: Contractor Will Not Sell or Disclose Data The Contractor will treat as confidential information, all data in connection with the Contract. County data processed by the Contractor shall remain the exclusive property of the County. The Contractor will not reproduce, copy, duplicate, disclose or in any way treat the data supplied by the County in any manner except as contemplated by this Contract. Section 820: No Publicity No advertising, sales promotion or other materials of the Contractor or its agents or representatives may be distributed to customers without prior written approval of the County. The Contractor, its agents or representatives shall not reference this Contract or the County in any manner without the prior written consent of the County. Section 825: Contract Rights 1. The parties reserve the right to amend this Contract from time to time by mutual agreement in writing. 2. Rights under this Contract are cumulative, and in addition to rights existing at common law. 3. Payment by the County and performance by the Contractor do not waive their Contract rights. Attachment number 5Page 65 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 66 4. Failure by either party on any occasion to exercise a Contract right shall not forfeit or waive the right to exercise the right of another occasion. The use of one remedy does not exclude or waive the right to use another. Section 830: Open Records Act Contractor acknowledges that County records including this Contract are subject to Georgia’s Open Records Act. Section 835: Interpretation 1. This Contract shall be interpreted as a whole and to carry out its purpose. This Contract is an integrated document and contains all the promises of the parties; no earlier oral understandings modify its provisions. 2. Captions are for convenient reference only. A caption does not limit the scope or add commentary to the text. Section 840: Law; Venue The laws of the State of Georgia shall govern the validity, construction and effect of this Contract. The venue for any claims, litigation or causes of action between the parties shall be in the Superior Court of the Richmond County, Georgia. Section 845: Discretionary Waiver of Right to a Jury Trial The Contractor and County may waive all rights to have a trial by jury in any action, proceeding, claim, or counterclaim brought by either of them against the other on any matter whatsoever arising out of or in any way related to or connected with the Contract. Section 850: Specific Performance and Injunctive Relief The Contractor agrees that the services are critical to the County’s operation and that monetary damages are not an adequate remedy for the Contractors failure to provide services as required by the Contract, nor could damages be the equivalent of the performance of such obligation. Accordingly, the Contractor hereby consents to an order granting specific performance of such obligations of the Contractor in a court of competent jurisdiction within the State of Georgia. The Contractor further agrees that a failure by it to perform the services in the manner required by the Contract will entitle the County to injunctive relief. Section 855: Notices 1. All official notices or approvals shall be in writing. Unless otherwise directed, notices shall be delivered by messenger, by certified or registered Attachment number 5Page 66 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 67 mail, return receipt requested, or by fax to the parties at the following respective addresses: To the County: To the Contractor: Assistant Director Robert A. Smith 4330 Deans Bridge Road 701 Santa Isabel Blvd. Blythe, GA. 30805 Laguna Vista, TX. 78578 (706) 592-9634 Phone (956) 943-4556 Phone (706) 592-1658 Fax (956) 943-4557 Fax 2. Either party may from time to time designate a new address for notices. Unless a return receipt or other document establishes otherwise, a notice sent by U.S. Mail shall be presumed to be received the third business day after its mailing. Section 860: Severability Should any term, provision, condition, or other portion of this Contract or its application be held to be inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its purposes, the remainder of this Contract or its application in other circumstances shall not be affected thereby and shall continue in force and effect. Section 865: Interest of the Parties The Contractor covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner of degree with the performance of services required under the Contract. Section 870: No Bribery The Contractor certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the County in connection with the Contract. Section 875: Change in Control – Legal Counsel 1. In the event of a change in “Control” of the Contractor (as defined below), the County shall terminate the Contract for default unless the County has granted prior written approval. Such approval shall be at the sole discretion of the County. Any approval by the County for transfer of ownership or control shall be contingent upon the perspective controlling party becoming a signatory to the Contract and otherwise complying with the terms of the Contract. The Contractor shall notify the County within ten (10) days after it becomes aware that a change in Control will occur. As used in the Contract, the term “Control” shall mean the possession, direct or indirect of either; Attachment number 5Page 67 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 68 a. The ownership of or ability to direct the voting of, as the case may be fifty one (51%) or more of the equity interest, value or voting power of the Contractor; or b. The power to direct or cause the direction of the management and policies of the Contractor whether through the ownership of voting securities, by Contract or otherwise. Section 880: Force Majeure 1. The Contractor shall not be liable for any failure or delay in the performance of its obligations pursuant to this Contract (and such failure or delay shall not be deemed a default of this Contract or grounds for termination hereunder if all of the following conditions are satisfied: a. If such failure or delay i. could not have been prevented by reasonable precaution, and ii. cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work around plans, or other means, and b. If and to the extent such failure or delay is caused, directly or indirectly by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or revolutions, or court order. 2. Upon the occurrence of an event which satisfies all of the conditions set forth above, the Contractor shall be excused from any further performance of those obligations pursuant to this Contract affected by the Force Majeure for as long as; a. Such Force Majeure event continues and, b. The Contractor continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. 3. Upon the occurrence of a Force Majeure event, the Contractor shall immediately notify the County by telephone and confirmed in writing within two (2) days of the occurrence of a Force Majeure and shall describe in reasonable detail the nature of the Force Majeure. If any Force Majeure prevents the Contractor from performing its obligations for more than five (5) days, the County may terminate this Contract. Attachment number 5Page 68 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 69 4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not excused under this provision. Attachment number 5Page 69 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 70 Section 885: Dispute Resolution 1. In the event of a dispute arising under this Contract, the parties shall continue performance of their respective obligations under this Contract and shall attempt to resolve such dispute in a cooperative manner. If the parties are unable to resolve the dispute, then, in addition to and without waiving any rights and remedies under this Contract or under civil or common law, the parties may voluntarily agree to arbitration pursuant to the terms of this section. 2. Within fifteen (15) days after agreement to arbitration has been reached, each party shall submit the name of its own arbitrator, selected from a panel of persons qualified by the American Arbitration Association and the two arbitrators shall select a third arbitrator from such panel within fifteen (15) days thereafter, or in case of a disagreement concerning the appointment of the third arbitrator, the third arbitrator shall be appointed from such panel by the presiding judge of Richmond County Superior Court. During such time that the arbitrators are being selected or appointed, the parties shall continue to negotiate in good faith to resolve their dispute in a cooperative manner. 3. The arbitrators shall apply applicable provisions of Georgia law in reaching their determination. The determination by the arbitrators shall be final and binding on the parties, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The County and Contractor shall use their best efforts to conclude all arbitration proceedings involving fee and rate adjustment disputes within thirty (30) days following the commencement of such arbitration proceedings. Any arbitration determination granting an increase in fees or rates may include an award of interest at the statutory rate until the date the increase becomes effective. 4. The arbitrators shall have the authority, but shall not be required, to award to the prevailing party in the arbitration proceedings reasonable attorneys fees, expert and non-expert witness costs and expenses, and all other reasonable costs and expenses incurred directly or indirectly in connection with the proceedings provided, however, the costs of the arbitrators shall be shared equally by the parties. Attachment number 5Page 70 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 71 ____________________________ ___________________________________ Augusta, Georgia (Augusta- Richmond County, Georgia) By:__________________________ As its Mayor Attest: _________________________________ Clerk of Commission The foregoing Contract is hereby executed by the below-listed parties: Contractor:___________________ By:_________________________ As its:_______________________ Sworn to and subscribed before me this _____ day of ____________________, 2005. _______________________________ Notary Public My Commission Expires:__________________ Attachment number 5Page 71 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 72 Example From Section 146 Assumptions 1. Cart rental rate in Exhibit B = $2.00 2. County elects to replace 250 carts. 3. Carts were received by the contractor on the 15th of the month. Calculations Proration Amount 1. ($2.00/31) = $.0645 (cents per day per cart) 2. ($.0645*15) = $.9675 (prorated amount per cart based on date received) 3. ($.9675*250) = $241.88 (amount owed based on prorated amount and the number of carts) Implementation Amount 1. ($.0645*14) = $.903 (prorated amount multiplied by allowed implementation days) 2. ($.903*250) = $225.75 (amount owed based on 14 days implementation multiplied by 250 carts) Total owed to Contractor $241.88 for prorated amount plus $225.75 for implementation period = $467.63 5. The County may ship the Contractor Carts which are assembled, unassembled, in single, limited, or truckload quantity. 6. All cost(s) associated with assembly and delivery of said carts shall be that of the Contractor. Attachment number 5Page 72 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 73 Exhibit A: Collection Area(s) Attachment number 5Page 73 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 74 Exhibit B: Rate Table Services Twice per week Once per week Garbage $7.91 Recycling $2.32 Yard Waste $2.87 Bulk Waste $1.35 Monthly Collections Cost $14.45 Additional Services Monthly Cart Rental Fee (per garbage cart provided by Contractor) $0.10 Extra Garbage Collection (per additional cart serviced) $3.00 Extra Recycling Collection (per additional cart serviced) $1.00 Attachment number 5Page 74 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 75 Exhibit C: Force Majeure Rate Table Rate Rate Per 10 Yard Roll Off $125.00 Pull 20 Yard Roll Off $125.00 Pull 30 Yard Roll Off $125.00 Pull 40 Yard Roll Off $125.00 Pull Regular Time Rate Overtime Rate Rate Per 15-24 Yard Rear Load (Driver and Helper) $84.51 $84.51 Hour 25 Yard or Larger Rear Load (Driver and Helper) $84.51 $84.51 Hour 15-24 Yard Side Load (Driver) $66.21 $66.21 Hour 25 Yard or Larger Side Load (Driver) $66.21 $66.21 Hour 25 Yard or Larger Front Load (Driver and work can) N/B N/B Hour Additional Laborer (per person as requested) $25.00 $30.00 Hour Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per 1 Other work as negotiated. $0.00 $0.00 2 $0.00 $0.00 3 $0.00 $0.00 4 $0.00 $0.00 5 $0.00 $0.00 6 $0.00 $0.00 7 $0.00 $0.00 8 $0.00 $0.00 9 $0.00 $0.00 10 $0.00 $0.00 Attachment number 5Page 75 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 76 Exhibit D: Eviction, Vacant Lot, Special Clean-up Rate Rate Per 10 Yard Roll Off $125.00 Pull 20 Yard Roll Off $125.00 Pull 30 Yard Roll Off $125.00 Pull 40 Yard Roll Off $125.00 Pull Regular Time Rate Overtime Rate Rate Per Rear Load (Driver)$84.51 $84.51 Hour Side Load (Driver)$66.21 $66.21 Hour Front Load (Driver and work can) N/B N/B Hour Additional Laborer (per person as requested) $25.00 $30.00 Hour Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per 1 Other work as negotiated 2 3 4 5 6 7 8 9 10 Attachment number 5Page 76 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 77 DBE Forms Form A (Letter of Intent to Perform) Complete an individual form identifying each DBE sub-contractor/supplier used for this contract. Forms must be signed by sub-contractor. Form A should be completed and submitted with your bid in a separate sealed envelope. If there is no participation, indicate N/A Attachment number 5Page 77 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 78 Form A PROJECT LETTER OF INTENT TO PERFORM AS A SUBCONSULTANT/SUBCONTRACTOR/SUPPLIER TO: (NAME OF PROPOSER) A. The undersigned intends to perform work in connection with the above project in the following capacity (check one): An individual A corporation A partnership A joint venture B. The DBE status of the undersigned is confirmed as follows: By attachment of a current Certificate of Certification issued by the Department of Transportation By attachment of a current Certification issued by the Disadvantaged Business Enterprise Office C. The undersigned is prepared to perform the following work in connection with the above project D. The undersigned states that they will be performing________% of the total project. E. The undersigned will sublet and/or award % of this subcontract to non-DBE contractors and /or non-DBE suppliers. The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project cited herein between the Proposer and Augusta-Richmond County. ____________________________________________________ Date: ___________________ (DBE Contractor Firm Name) By: _________________________________________________ (Signature of Authorized Representative) Attachment number 5Page 78 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 79 Form B (Proposed DBE Participation Form) Complete an individual form identifying each DBE sub-contractor/supplier used for this contract. Forms must be signed by sub-contractor. Form B should be completed and submitted with your bid in a separate sealed envelope. If there is no participation, indicate N/A Attachment number 5Page 79 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 80 Form B PROPOSED DBE PARTICIPATION PRIME CONTRACTOR PROJECT ___________________________ DBE FIRM PRINCIPAL OFFICIAL ADDRESS/PHONE NO. TYPE OF WORK Dollar Value of Work Total Price: $_____________________ Total DBE value: $_____________________ Total DBE percent: _____________________% Signed By: Title: Date: Attachment number 5Page 80 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 81 Form C (Contractors Statement of DBE Utilization Form) Complete form indicating the DBE’s utilization for the requested pay period. This information identifies the actual DBE sub-contractors/suppliers, types of work performed, actual dollar value of work/services and suppliers. To avoid delay of payments this form must accompany all pay requests. Attachment number 5Page 81 of 90 PD F C o n v e r t . 1 4 3 6 2 . 1 . 2 0 1 0 S o l i d W a s t e C o l l e c t i o n s C o n t r a c t - I n l a n d S e r v i c e s . d o c 82 Fo r m C AU G U S T A - R I C H M O N D C O U N T Y DI S A D V A T A G E D B U S I N E S S E N T E R P R I S E D E P A R T M E N T CO N T R A C T O R ' S S T A T E M E N T O F D B E U T I L I Z A T I O N SH E E T O F ( 1 ) P A Y R E Q U E S T N O . ( 2 ) R E P O R T P E R I O D F R O M _ _ _ _ _ _ _ _ _ _ _ _ _ T O _ _ _ _ _ _ _ _ _ _ _ _ _ _ (3 ) P R O J E C T N A M E (4 ) P R O J E C T N O . _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( 5 ) B A S E B I D $ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( 6 ) C O N T R A C T N O . _ _ _ _ _ _ _ (7 ) R E Q U I R E D D B E U T I L I Z A T I O N % ( 8 ) P R O P O S E D D B E U T I L I Z A T I O N % (9 ) DB E N A M E RE P R E S E N T A T I V E NA M E & TE L E P H O N E NU M B E R (1 0 ) CL A S S O F WO R K (1 1 ) CO N T R A C T AM O U N T (1 2 ) CO N T R A C T AD J U S T - ME N T S (1 3 ) RE V I S E D CO N T R A C T AM O U N T (1 4 ) AM O U N T EA R N E D T H I S PE R I O D (1 5 ) AM O U N T EA R N E D T O DA T E (1 6 ) AM O U N T RE T A I N E D TH I S P E R I O D (1 7 ) AM O U N T RE T A I N E D T O DA T E (1 8 ) % O F C O N T R A C T CO M P L E T E T O DA T E (1 9 ) D B E TO T A L S (2 0 ) C O N T R A C T O R : ( 2 1 ) A U T H O R I Z E D S I G N A T U R E _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ ( 2 2 ) D A T E _ _ _ _ _ _ _ _ (2 3 ) P ER C E N T A G E O F T O T A L C O N T R A C T C O M P L E T E D T O D A T E ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Attachment number 5Page 82 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 83 Good Faith Effort Checklist Complete – The purpose for the Good Faith Effort Checklist is to indicate all necessary and reasonable steps taken to ensure that DBEs, including local small business enterprises, have the maximum opportunity to compete for and participate in all contracts and sub-contracts. Attachment number 5Page 83 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 84 AUGUSTA-RICHMOND COUNTY CHECKLIST FOR GOOD FAITH EFFORTS A bidder’s good faith efforts must be those that could reasonably be expected from a bidder who was actively and aggressively seeking to meet the Disadvantaged Business Enterprise (DBE) goal. Good faith efforts may include, but are not limited to: Yes No 1. _x__ ___ Soliciting through all reasonable and available means, the interest for all certified DBEs who have the capability to perform the work of the contract. Such solicitations must be in sufficient time to allow DBEs to participate effectively. 2. _x__ ___ Confirming attendance at any pre-solicitation or pre-bid meetings. 3. ___ _x__ Providing proof of any advertisements in general circulation, trade association, and minority or woman focused media. 4. ___ _x__ Documenting the follow-up to the initial solicitation with DBEs. 5. ___ _x__ Documenting how portions of the work were selected to solicit DBE participation and how the selection was made in order to increase the likelihood of meeting the DBE goals. This would include, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation. 6. ___ _x__ Providing information on any negotiations with DBEs including bid item adjustments, terms and conditions of the contract, bonding and insurance requirements and etc. 7. ___ _x__ Documenting efforts to assist DBEs in obtaining bonding, lines of credit, or insurance. 8. ___ _x__ Providing copies of the information supplied to DBEs to solicit their bids. Such information should include adequate information about the plans, specifications, and requirements of the contract to enable the DBE to supply a complete and competitive bid. 9. ___ _x__ Providing information regarding the services/assistance secured from minority and women community organizations, contractors’ groups, local minority and women business assistance offices and other organizations that provides assistance in the recruitment and placement DBEs. 10. ___ _x__ Negotiating in good faith with interested DBEs. It is the bidder’s responsibility to make a portion of the work available to DBE subcontractors and suppliers. The bidder must provide documentation that consideration was given when selecting portions of the work or material needs on the contract to the availability of DBE firms in those areas when soliciting for DBE participation. 11. ___ _x__ Documenting the basis for rejecting DBE bids. In cases where the bidder determines the DBE to be unqualified, supporting evidence used to make the determination must be provided. *Inland has several Minority suppliers and has initiated a program to identify more; however, none of these to date is certified DBE. Our efforts involve discussions with the principals or managers of applicable companies. We do not, nor do we need to, send letters, advertisements, etc. in order to do effective business with minority firms. Attachment number 5Page 84 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 85 CORPORATE CERTIFICATE I, ______________________________ certify that I am the Secretary of the corporation named as Contractor in the attached Contract; that _______________________________ who signed said Contract on behalf of the Contractor was then _____________________ of said corporation; that said proposal was duly signed for and in behalf of said corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said corporation is organized under the laws of the State of _________________________. This ____ day of _______________,2005 Corporate Secretary:______________________________________ (name signed) ________________________________________ (name printed or typed) (SEAL) Attachment number 5Page 85 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 86 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ____________________ County of ____________ I, ________________________________ being first duly sworn, deposes and says that: He or she is _______________________ of___________________, the Bidder that has submitted the attached Bid: He or she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid. Such Bid is genuine and is not a collusive or sham Bid; Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Augusta or any person interested in the proposed Contract; and Continued to the next page Attachment number 5Page 86 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 87 The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. BIDDER:________________________________ By:_____________________________________ (name signed) ________________________________________ (name printed or typed) Date:____________________________________ Subscribed and sworn to me this ____ day of _________________, 2005 NOTARY PUBLIC: _____________________________ (name signed) ______________________________________________ (name printed or typed) Commission Expires: ____________________________ (SEAL) Attachment number 5Page 87 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 88 NOTICE OF AWARD To: Robert A. Smith – Inland Service Corporation 701 Santa Isabel Blvd. Laguna Vista, TX. 78578 Project Description: “Solid Waste Collections Contract” The Owner has considered the Bid submitted by you for the above-described work in response to its Invitation to Bid and Information from Bidders. You are hereby notified that your Bid has been accepted for items in the amount determined by the contract based on the financial bids submitted for this contract, which will become a part of this Contract as Exhibit B, C, and D. You are required by the Information for Bidders/Contract Documents to execute the Agreement and furnish the required Contractor’s Performance Bond, Payment Bond, and certificates of insurance within fifteen (15) calendar days prior to the start date of the contract. However, in any case a “Notice to Proceed” will not be given until the above mentioned items are received. Early delivery of said documents will expedite the contracting process. Augusta recommends submission of the required bonds and insurance with the executed “Notice of Award”. These items may have an effective date of January 1, 2006. If you fail to execute said Contract within thirty (30) days from the date of this Notice, Augusta will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as abandoned and such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the County. Dated this 10th day of October, 2005. Augusta-Richmond County_____________________________ By:_________________________________________________ Name and Title: Geri Sams, Director of Procurement_________ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by __________________ this the _____ day of __________________,2005. By: _____________________________________________ Name and Title: _____________________________________ Attachment number 5Page 88 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 89 NOTICE TO PROCEED To: Robert A. Smith – Inland Service Corporation 701 Santa Isabel Blvd. Laguna Vista, TX. 78578 Project Description: “Solid Waste Collections Contract” You are hereby notified to commence work in accordance with the contract dated _______________, 2005, on or before January 1,2006 and you are to comply with all terms, conditions, provisions, etc. as identified in the executed Contract. Dated this ______day of___________________________,2005. Augusta Richmond County___________________ By: _____________________________________ Name and Title:____________________________ ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by________________ this the _____ day of ___________________, 2005. By:__________________________________________ Name and Title:________________________________ Attachment number 5Page 89 of 90 PDFConvert.14362.1.2010 Solid Waste Collections Contract - Inland Services.doc 90 CERTIFICATE OF AUGUSTA’S ATTORNEY I, the undersigned, Stephen E. Shepard, the duly authorized and acting legal representative of Augusta-Richmond County, do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. ____________________________ (Signature) Date:________________________ End of Contract Attachment number 5Page 90 of 90 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 1 Contents A. Overview Page # Section 5: Purpose and Intent 4 Section 10: Negotiation Costs 4 Section 15: Contract Term 4 Section 20: Incorporation of Exhibits 5 Section 25: Contract Limitations 5 Section 30: Definitions 5 Section 35: County Responsibilities 7 Section 40: Contractor’s Responsibilities 8 Section 45: Contractor’s Representations and Warranties 8 Section 50: County Representations and Warranties 9 Section 55: OSHA and Georgia Law Compliance 10 Section 60: Vehicles Used in Collection 11 Section 62: Spare Vehicles 12 Section 65: One Vehicle One Purpose 12 Section 70: Disposal/Vehicle Inspections and Permits 13 Section 75: Vehicle Specifications 13 Section 80: Ownership of Equipment 14 Section 85: Asset Maintenance and Inventory 14 Section 90: Traffic Laws, Noise Control 14 Section 95: Contractor’s Office 15 B. Collection Services Section 100: Collection Area 16 Section 102: Days of Collection 16 Section 104: Garbage Collection 16 Section 106: Yard Waste Collection 17 Section 108: Recycling Collection 18 Section 110: Bulky Waste collection 19 Section 112: Additional Carts 20 Section 114: Place of Collection 20 Section 116: Collection from Additional Locations 21 Section 120: Force Majeure Clean Up 21 Section 122: Eviction, Vacant Lot, Special Clean-up 22 Section 124: County Clean Up Events 23 Section 126: Time of Collection 24 Section 128: Scheduling of Collection 24 Section 130: Work on County Property 25 Section 132: Disposal and Recycling Locations 25 Section 134: Ownership of Materials Collected 26 Section 136: Scavenging 26 Attachment number 6Page 1 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 2 Section 138: Holiday Schedule 27 Section 140: Service Disruptions Due to Weather 27 Section 142: Service Disruptions – Non Weather 27 Section 144: Missed and Make-up Collections 28 Section 146: Contract Carts 30 Section 148: Supplying Garbage Carts 30 Section 150: Supplying Recycling Bins 31 Section 152: Cart/Bin Storage 32 Section 154: Minimum Cart/Bin Percentage 33 Section 156: Cart/Bin Replacement Cost 33 Section 158: Delinquent and Closed Accounts 33 Section 160: Meetings and Communication 33 Section 162: Program Information During Contract Start-Up 34 Section 164: Program Information 35 C. Manner of Collection Section 200: Contractor’s Responsibility 36 Section 210: Employee Conduct 36 Section 220: Employee Uniforms 37 Section 230: Spillage 37 Section 240: Damage Claims 38 Section 250: Customer Grievances 38 D. Reporting Requirements Section 300: Report/Information Specifications 39 E. Compensation Section 400: Payment for Collection Services 40 Section 410: Payment Procedure 40 Section 420: Contract Unit Price 41 Section 430: Adjustments 41 Section 440: Wage Increases for Employees 42 Section 450: Withholding and Payment of Tax Liens and Judgments 42 F. Security, Liability, Damages Section 500: Payment Bond 43 Section 510: Performance Bond 43 Section 520: Default of Contractor 44 Section 530: Commitment of Equipment 46 Section 540: Insurance 47 Section 550: Indemnity 50 Section 560: Liquidated Damages 50 Attachment number 6Page 2 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 3 G. Equal Opportunity/Non-Discrimination, Drug Free Work Place Section 600: Equal Employment Opportunity 53 Section 610: Equal Employment Opportunity – Implementation 53 Section 620: Contractor’s Hiring Goals 54 Section 630: Good Faith use of Disadvantaged Business Enterprises 55 Section 640: Non-Discriminatory Service 59 Section 650: Drug-Free Workplace 59 H. Operations Plan, Emergency Plan Section 700: Operations Plan 61 Section 710: Emergency Plan 62 I. Ancillary Provisions Section 800: Assignment of Pledge on Monies by the Contractor 64 Section 805: Assignment, Subcontracting, Delegation of Duties 64 Section 810: Audit and Inspection 65 Section 815: Contractor Will Not Sell or Disclose Data 65 Section 820: No Publicity 65 Section 825: Contract Rights 65 Section 830: Open Records Act 66 Section 835: Interpretation 66 Section 840: Law; Venue 66 Section 845: Discretionary Waiver of Right to a Jury Trial 66 Section 850: Specific Performance and Injunctive Relief 66 Section 855: Notices 66 Section 860: Severability 67 Section 865: Interest of the Parties 67 Section 870: No Bribery 67 Section 875: Change in Control 67 Section 880: Force Majeure 68 Section 885: Dispute Resolution 70 Other Items Signature page 71 Example from section 146 72 Exhibits 73 DBE Forms 77 End of Contract 91 Attachment number 6Page 3 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 4 SOLID WASTE COLLECTION CONTRACT BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY) AND ADVANCED DISPOSAL SERVICES AUGUSTA, LLC. This solid waste collection Contract is entered into by and between, Augusta, Georgia, a consolidated local government, which is both a municipal corporation and a County, being a political subdivision of the State of Georgia, [by and through Augusta Richmond County’s Solid Waste Department] hereinafter “County” or “Augusta” and Advanced Disposal Services Augusta, LLC. of Augusta “Contractor” to provide for Garbage, Yard Waste, Recycling and Bulky Waste collections from Units located within the Collection Area (as hereinafter defined). The parties, in consideration of the promises, representations and warranties contained herein, agree as follows: A. Overview Section 5. Purpose and Intent – Legal Relationship of Parties This Contract creates the legal relationship of independent Contractor by and between Advanced Disposal Services Augusta, LLC. and the “County”. This Contract engages Advanced Disposal Services Augusta, LLC. of Augusta to collect Garbage, Yard Waste, Recycling and Bulky Waste from Units within the Collection Area. Section 10. Negotiation Costs The Contractor shall bear its own cost of negotiating this Contract and developing all required materials. The County shall not be charged for any services or other work performed prior to the Start Date. Section 15. Contract Term This Contract is entered into on this _____ day of ________________, 2005 (“Effective Date”). The collection services will begin on January 1, 2006 (“Start Date”) and continue for a term of five (5) years, ending at Midnight December 31, 2010. The County and Contractor through mutual agreement may extend this Contract for two (2) successive one (1) year periods. The County must provide Contractor a minimum of 90 days notice of its intent to extend the Contract. If the County extends this Contract, the same terms, conditions, and methods of payment shall apply during the extension period. County’s payment obligation hereunder for succeeding fiscal periods shall be subject to availability and appropriation of funds. In the event County does not appropriate funds, at the beginning of a fiscal year for this Contract, said Contract shall terminate. Attachment number 6Page 4 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 5 Section 20: Incorporation of Exhibits 1. The Contractor and the County acknowledge and agree that each of the following exhibits is attached to this Contract and is incorporated into and made a part of this Contract by reference: Exhibit A: Collection Area Exhibit B: Rate Table Exhibit C: Force Majeure Rate Table Exhibit D: Eviction/Vacant Lot Rate Table 2. If there is a conflict between any exhibit and the Contract, the provisions of the exhibit shall prevail. Section 25: Contract Limitations At the time of award, the Contractor shall not be awarded or have control of more than 50% of the total number of Units. During the term of the agreement, no Contractor shall have control of more than fifty percent (50%) of the total number of Units. An exception will be made for natural population growth within a Collection Area. Section 30. Definitions In addition to Capitalized terms that are defined elsewhere, the following meanings apply: Bins: A water-tight plastic container that is provided by the County, that shall not be less than 65 gallons in capacity, fitted with a sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Recycling. Bulky Waste: Refers to furniture, appliances, tires, and other items too large to be reasonably placed into a Cart as defined herein with a size limit of, not larger than five (5) feet in length, five (5) feet in height and ten (10) feet in width. Construction debris shall be limited to an amount that is equal to 25% of the allowable pile by volume. C&D: Construction/Demolition waste means waste of building materials and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses and other structures. Such wastes include but are not limited to wood, lumber, wall Attachment number 6Page 5 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 6 board, concrete, brick, metals, and other items attributed to construction and demolition. Cart: A water-tight plastic container that is provided by the Contractor, that shall not be less than 95 gallons in capacity, fitted with a sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Garbage. County: Augusta, Georgia (Augusta-Richmond County, Georgia) Collection Area: The physical area for which the Contractor has been contracted to provide services to. Contractor: Individual or firm contracted to provide services under this Contract. Contract: Document containing all provisions and specification that Augusta and the Contractor must abide by and/or meet. Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other materials normally associated with common household waste. Handicapped/ Special Needs: Individual(s) who can provide verifiable proof of a disability, a limitation, or a special need which limits their ability to place waste to the curb or right of way. Hazardous Waste: Refers to Hazardous Waste, which is defined and published in the Georgia Hazardous Waste Management Act (Official Code of Georgia Annotated § 12-8-61, et. seq.) and incorporated herein by reference. Hazardous Waste is potentially dangerous by-products of our highly industrialized society, which cannot be handled, treated, or disposed of without special precautions. Hazardous Waste includes, but is not limited to, ignitable, corrosive, reactive, and toxic wastes such as acetone, gasoline and industrial alcohols, alkaline cleaners, acids, cyanide and chlorine, arsenic, pesticide wastes, paint, caustics, infected materials, offal, fecal matter (human and animal) and explosives. Hazardous Waste does not include solid waste that is Household Waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g. refused-derived fuel) or reused, all as defined by the Georgia Hazardous Waste Management Act. Holiday Overloads: Extra waste generated in association with a Federal, State, or Locally recognized holiday. Attachment number 6Page 6 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 7 Red Tag: A notification given to the customer for the purposes of informing/educating with the intent of eliminating future issues related to collections of Garbage, Recycling, Yard Waste, and Bulky Waste. Recycling: Refers to paper, cardboard, newspaper, plastic, aluminum, bi- metal, steel, tin, and other items determined to be recyclable by the County. Section: A defined subset of customers within the Collection Area. Tire: Any rubber cushioning from a wheel which will include automobiles, trucks, bicycles, and other small vehicles, not to exceed seventeen (17) inches. Unit: A location approved to have the service(s) under this Contract. Yard Waste: Plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, including sod; and biodegradable waste as approved by the County, but excludes loose soil, Garbage, food waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil contaminated with hazardous substances. Section 35: County Responsibilities The County shall be responsible for: 1. Making timely payments required by this Contract. 2. Inspecting Contractor performance, mediating and adjusting customer grievances. The County may require special and other services as contemplated in this Contract. 3. Specifying each customer’s level and type of collection service. 4. Supply Carts and/or Bins as defined by this agreement. 5. Pay disposal costs as defined by this agreement. Attachment number 6Page 7 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 8 Section 40: Contractor’s Responsibilities The Contractor shall be responsible for: 1. Furnishing all skilled labor, equipment, materials, supplies and utility services required for providing all services in accordance with this Contract unless otherwise noted within the Contract. 2. All actions and activities of its subcontractors. 3. Supplying all records, reports, and information required by this Contract. 4. Securing at Contractor’s expense, all governmental permits and licenses and required regulatory approvals (including all required by County Ordinances). 5. Timely paying of all applicable taxes. 6. Complying with applicable laws and regulations. 7. Performing all work in a timely, professional manner. 8. All wage increases for Contractor’s collectors or other employees, any benefits or added costs resulting from changes in technology, laws, regulations, labor, supplies, practices, availability of equipment, and other business risks that may affect the performance of this Contract. a. Should there be an extraordinary change in a law(s), rules, or regulations related to fuel taxes, disposal fees, or the addition or imposition of solid waste fees or taxes on services that impact the true cost of this contract, the Contractor and/or the County shall have the right to petition for an equitable adjustment. Section 45: Contractors Representations and Warranties 1. Organization and Qualification. The Contractor is duly incorporated or otherwise legally organized and, validly existing and in good standing under the laws of the State of Georgia, and has all requisite power and authority to enter into and perform its obligations under this Contract. 2. Authority. a. The Contractor has the authority to execute this Contract, to make the representations and warranties set forth in it and is appropriately skilled, organized and financially able to perform the obligations of Contractor under this Contract in accordance with its terms. Attachment number 6Page 8 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 9 b. This Contract has been validly executed by the authorized representatives of the Contractor and constitutes a legally binding, enforceable obligation of Contractor. 3. Government Authorizations and Consents. The Contractor has or will obtain prior to the commencement date such licenses, permits, and other authorizations from federal, state, and other governmental authorities, as are necessary for the performance of its obligations under this Contract. 4. Compliance With Laws. The Contractor is not in violation of any applicable law, ordinance or regulation, the consequence of which will or may materially affect Contractor’s ability to perform its obligations under this Contract. The Contractor is not subject to any order or judgment of any court, tribunal, or governmental agency which could materially and adversely affects its operations or assets in the State of Georgia, or its ability to perform its obligations under this Contract. 5. Accuracy of Information. None of the representations or warranties in this Contract and none of the documents, statements, certificates or schedules furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obligations contemplated under this Contract, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. 6. Independent Examination. In accepting these responsibilities, the Contractor represents and affirms that it has made its own examination of all conditions, facilities, and properties affecting the performance of this Contract and of the quantity and expense of labor, equipment, materials needed, and of applicable taxes permits and laws. The Contractor affirms that within the Collection Area/Section(s) it is aware of the present placement of collection Carts at the curb, alley, or backyard locations, and the present location of Handicapped/Special Needs customers. The Contractor represents and warranties that it is capable of continuing to collect Carts from their present locations. Section 50: County Representations and Warranties The County represents and warrants to the Contractor as follows: 1. Organization and Qualification. The County is a political subdivision of the State of Georgia and has all requisite corporate power and authority to enter into and perform its obligations under this Contract. Attachment number 6Page 9 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 10 2. Authority. a. The County has the authority to execute this Contract, to make the representations and warranties set forth in it and to perform the obligations of the County under this Contract in accordance with its terms. b. This Contract has been validly executed and constitutes a legally binding and enforceable obligation of the County. 3. Government Authorizations and Consents. The County has such licenses, permits and other authorizations, as are necessary for the performance of its obligations under this Contract, and no consent, approval, or authorization of or declaration, registration or filing with any governmental or regulatory body is required to be obtained or made by the County as a prerequisite to its execution of this Contract or its performance of its obligations contemplated hereby. 4. Compliance With Laws. The County is not in violation of any applicable law, ordinance or regulation, the consequence of which will or may materially affect the County’s ability to perform its obligations under this Contract. The County is not subject to any order or judgment of any court, tribunal, or governmental agency which materially and adversely affects its operations or its ability to perform its obligations under this Contract. 5. Accuracy of Information. None of the representations or warranties in this Contract and none of the documents, statements, certificates or schedules furnished or to be furnished by the County pursuant hereto or in connection with the performance of the obligations contemplated under this Contract, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. Section 55: OSHA & Georgia Law Compliance – Health & Environmental 1. The Contractor shall comply with the Federal Occupational Safety and Health Act of 1970, as amended (OSHA) and the Official Code of Georgia and with the standards and regulations issued to implement these statutes from time to time. 2. The Contractor is also responsible for meeting all pertinent local, state and federal health, safety and environmental laws, regulations, and standards applying to collection of Garbage, Yard Waste, Recycling and Bulky Waste. Attachment number 6Page 10 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 11 Section 60: Vehicles Used in Collection 1. All vehicles used for collection shall be registered with the State of Georgia Department of Motor Vehicles, and shall be kept in a clean and sanitary condition and a state of good appearance and repair, and shall be painted in a uniform manner. 2. All collection vehicles shall be painted by Contractor in Contractor’s color(s). Color(s) and color schemes are subject to approval by the County, in its reasonable discretion. Vehicles shall be uniquely numbered. Contractor’s name and vehicle number shall be painted in a contrasting color, at least four inches high on each side of the vehicle and on the rear of the vehicle. The Contractor shall place a sign and/or text as determined by the County, which may include a County customer service telephone number on all collection vehicles on each side and the rear of the vehicle. All collection vehicles shall be kept in a clean and sanitary condition. 3. All collection vehicles or personnel must be equipped with a communication device (i.e. cell phone or radio) which allows for immediate communication between the collection vehicle and a supervisor, and/or the Contractor’s office. 4. Collection vehicles shall be sufficient to service all participating Units for which they are intended to service at the frequency of collection specified and able to handle special requirements of the Contract including adverse weather and holiday overloads. 5. All vehicles used by management personnel, including route supervisors, operations manager, etc. shall be equipped with cell phones with voice mail so that they can be contacted by the County. 6. All vehicles operated under the authority of this Contract shall be driven in compliance with Uniform Rules of the Road and Georgia State traffic laws and, where applicable, the County’s codes, ordinances, and rules. 7. The Contractor’s collection vehicles shall be used only on this Contract, unless advanced written approval is given by the County. The Contractor may use collection vehicles from other sources or use Contract vehicles for other operations only with the prior written approval of the County. Should the County authorize either of the above mentioned approvals, at no time may non-contract waste be included with Contract waste. This provision is subject to Section 560. 8. The Contractor shall not park or store any collection vehicles on County property. Should the County identify that a vehicle violates this provision; the Contractor shall be notified by phone, fax, or e-mail. Should the vehicle not be removed in a reasonable period, or should the vehicle become a nuisance, a safety issue, or an operational issue, the vehicle will be towed out of the way Attachment number 6Page 11 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 12 or to the Contractors shop, at the Counties discretion, at the sole expense of the Contractor. Said expense will be deducted from the amount owed to the Contractor for the current month. 9. The Contractor shall make a reasonable effort to empty each collection vehicle at the end of each day. Section 62: Spare Vehicles 1. The Contractor shall have a minimum spare ratio sufficient to provide quality service under this Contract. Spare vehicles shall be allowed to collect from any route, collecting any material. Spare vehicles shall meet the appropriate standards set forth herein for normal vehicles. Spare vehicles will be counted toward the average age of the fleet. 2. The Contractor shall be responsible for ensuring that spare assets are available for each subcontractor to meet the above stated standard. 3. When a spare vehicle is used, notification to the County must be received in advance. The advanced notice shall include at a minimum, the date, truck number, route it will be servicing, and commodity serviced. Other information may be reasonably requested by the County. Advance notice type shall be by fax or e-mail, or other reasonable communications as determined by the County. Section 65: One Vehicle One Purpose Under this Contract, each collection vehicle shall be designated to collect one (1) type of material such as Garbage, Yard Waste, Recycling, or Bulky Waste. The collection vehicle may not be allowed to switch commodities collected without the prior written approval of the County. Consideration will be given to Contractors wishing to: 1. Utilize multi-collection type vehicles. 2. Technology and/or processing advances. 3. Bulky waste collections, as long as materials are acceptable at the appropriate disposal site. 4. Improve utilization of assets. 5. Other considerations as may arise. Any consideration request must be made in writing. The County’s decision to the consideration request shall be final and binding. Attachment number 6Page 12 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 13 Section 70: Disposal/Vehicle Inspections and Permits 1. The Contractor is responsible for any and all fees associated with disposal permits, inspection fees, truck stickers, etc. These permits shall be timely obtained and/or posted and/or may be required by a solid waste disposal site, a licensing authority, a government, by truck, by commodity or some other item or combination. 2. The County landfill will charge a one hundred dollar ($100) annual fee for each disposal sticker required. 3. Prior to the Start Date, and annually thereafter, the County shall have the right to inspect all vehicles used to perform the Contract. The vehicle shall, at a minimum, meet the Federal Department of Transportation standards, as well as requirements listed in this Contract. A fee or reimbursement may be collected from the Contractor for each individual inspection in an amount not to exceed one hundred and fifty dollars ($150) per inspection. Should a vehicle not pass inspection, the Contractor shall remedy any inspection deficiency identified and have the vehicle re-inspected. All expenses associated with the repair and re-inspection shall be the sole responsibility of the Contractor. 4. The County may do random spot inspections as it deems reasonably necessary. 5. Should the vehicle not pass inspection, the vehicle shall not be used under this Contract until the vehicle has been repaired and passes such re-inspection. Section 75: Vehicle Specifications 1. On or before the Start Date of this Contract, all vehicles used in collections shall be in good operating order. All collection equipment used under this Contract shall meet all applicable state and federal safety standards. 2. At no time shall the average age of vehicles used in the collection Contract exceed five (5) years in age for any Contractor, the subcontractors vehicles are attributed to the Contractor's fleet. 3. Should a vehicle use a cart tipper/dumper, it shall be designed to empty carts pursuant to ANSI Z245.60-1999 and ANSI Z245.30-1999. Cart tippers/dumpers which do not meet this requirement shall not be used. If a cart tipper/dumper is used that does not meet the above mentioned specification, the Contractor shall be responsible for all damages to Carts to include the cost of repair or replacement. Attachment number 6Page 13 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 14 4. All collections vehicles used to perform functions under this Contract shall be equipped with the following in complete and sound working order: a. Ambient noise back-up alarm. b. Back-up camera with monitor visible from any driving position. c. A 10 pound fire extinguisher. d. A first aid kit. e. Minimum of three safety marking devices (flares, or reflective triangles). f. A rear-mounted strobe light activated while collecting materials. g. Spill kit of a size to handle operational spills. 5. All supervisors vehicles used to perform functions under the Contract shall be equipped with the following in complete and sound working order: a. A 10 pound fire extinguisher. b. A first aid kit. c. Minimum of three safety marking devices (flares, or reflective triangles). d. Spill kit of a size to handle operational spills. Section 80: Ownership of Equipment 1. All vehicles, facilities, equipment, and property used in the performance of this Contract shall be wholly owned by the Contractor, provided, that leases, conditional sales contracts, mortgages, or other agreements for the use or financing the purchase of vehicles, facilities, equipment, and property may be allowed with the prior written approval of the County. 2. No further encumbrance shall be placed upon any such vehicles, facilities, equipment, and property without the prior written approval of the County. Section 85: Asset Maintenance and Inventory The Contractor shall provide the County, prior to the Start Date, a complete inventory showing property, buildings, key assets, and each vehicle (make, model, type, capacity, age, commodity collected, truck number, and VIN) used for performing the Contract. The Contractor may change equipment from time to time with the prior written approval of the County, not to be unreasonably withheld. The Contractor shall maintain assets and a vehicular fleet during the performance of the Contract at least equal substantially to that described in the inventory. Section 90: Traffic Laws, Noise Control All vehicles must operate in conformity with all federal, state and local laws, rules, or ordinances related to traffic and noise control. Attachment number 6Page 14 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 15 Section 95: Contractor’s Office The Contractor shall maintain within fifteen (15) miles of Augusta, Georgia (Augusta- Richmond County) an office with local telephone service and such staff as needed to receive and respond to complaints, requests for missed collections, and other coordination with citizens and County staff. Phone service shall include phone lines and voice mail adequate to handle the citizens’ and the County’s demand as reasonably necessary, cable modem internet access or equivalent speed, as well as designated e-mail account(s) to be used with this Contract. Any voice message or e-mail shall be responded to/returned by the Contractor’s office staff within sixty (60) minutes. Office hours shall be 8:00 a.m. to 5:00 p.m., Monday through Friday. The office shall be open 8:00 a.m. to noon any Saturday after a holiday, or on any Saturday that a regularly scheduled route is operated. The Contractor shall also provide a local telephone number where the Contractor may be contacted at any time by the County. Attachment number 6Page 15 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 16 B. Collection Services Section 100: Collection Area The Contractor shall provide all collection services called for in this Contract within the following area: See Exhibit A for a general overview of the Collection Area(s), however; The County will assign and the Contractor will retain their currently awarded/designated Collection Areas. For Contractors utilizing subcontractors, the subcontractor(s) Collection Areas/Sections may not be altered from their existing state without the prior written approval of the County. The County reserves the right to request and/or negotiate with the Contractors to swap/exchange portions of Collection Areas throughout the life of this Contract. Section 102: Days of Collection The Contractor shall make all collections on the days of Monday through Friday, or as otherwise required by County due to the nature of the services provided. Any deviations to this shall have prior written approval from the County, and the County shall have the final and sole decision. Section 104: Garbage Collection Garbage shall be collected twice weekly on a set schedule: 1. The Contractor shall collect the following materials as Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other materials normally associated with household waste. 2. The Contractor shall collect Garbage from designated Units which have been placed in the appropriate Cart for collection. 3. The Contractor and the County may by mutual agreement establish other reasonable specifications regulating the size, quantity, configuration, and placement of Garbage eligible for collection. 4. The Contractor shall exercise good faith to ensure that Yard Waste and/or Recycling materials which a customer has properly segregated are not placed in the collection vehicle that collects Garbage. Intentional disposal of Yard Waste and/or Recycling with Garbage shall be subject to Section 560 of this Contract. 5. The Contractor shall collect Garbage which is placed for collections that are in accordance with this Contract. It shall be the Contractor’s responsibility to Attachment number 6Page 16 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 17 give notice to the County staff if it believes Garbage is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Garbage from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. 6. If Garbage is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 106: Yard Waste Collection 1. Yard Waste shall be collected once every week with the first Garbage collection of the week for the same Units. 2. The Contractor shall collect the following materials as Yard Waste: plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, including sod; and biodegradable waste as approved by the County. The Contractor shall not collect as Yard Waste loose soil, Garbage, food waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil contaminated with hazardous substances. 3. The Contractor shall collect Yard Waste from designated Units which have been placed in piles, bundles, marked, identified, or open top cans or in a kraft paper bag not to exceed 32 gallons in capacity. The Contractor shall not collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds each. The Contractor shall not collect Yard Waste that has been placed in plastic bags. Christmas trees will be eligible for collection as Yard Waste, and are not required to meet the above stated standards so long as lights and decorations have been removed. 4. The Contractor shall collect all Yard Waste with size limits of, not larger than five (5) inches in diameter nor longer than five (5) feet, and stacked in piles not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth. 5. The Contractor and the County may by mutual agreement establish other reasonable specifications regulating the size, quantity, configuration, and placement of Yard Waste eligible for collection. 6. The Contractor shall exercise good faith to ensure that non Yard Waste materials are not placed in the collection vehicle. The Contractor shall not knowingly collect Yard Waste contaminated by fecal matter, unsegregated Garbage, hazardous substances or other ineligible material. Attachment number 6Page 17 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 18 7. The Contractor shall collect Yard Waste which is placed for collections that are in accordance with this Contract. It shall be the Contractor’s responsibility to give notice to the County staff if it believes Yard Waste is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Yard Waste from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. 8. If Yard Waste is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 108: Recycling Collection 1. Recyclables shall be collected once every week with the second Garbage collection of the week for the same Units on a set schedule. 2. The Contractor shall collect the following materials as Recycling: paper, cardboard, newspaper, plastic, aluminum, bi-metal, steel, tin, and other items determined to be recyclable by the County. 3. The Contractor shall collect Recycling from designated Units which has been placed in the appropriate Bin for collection. 4. The Contractor and the County may by mutual agreement establish reasonable specifications regulating the size, quantity, configuration, and placement of Recycling eligible for collection. 5. The Contractor shall use reasonable efforts to ensure that non-recyclable materials are not placed in the collection vehicle. The Contractor shall not knowingly collect Recycling containing unsegregated Garbage, Yard Waste, hazardous substances or other ineligible material. 6. The Contractor shall collect Recycling which is placed for collections in accordance with this Contract. It shall be the Contractor’s responsibility to give notice to the County staff if it believes Recycling is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Recycling from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. Attachment number 6Page 18 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 19 7. If Recycling is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 110: Bulky Waste Collection 1. Bulky Waste shall be collected once every week with the second Garbage collection of the week for the same Units on a set schedule. 2. Bulky Waste refers to furniture, appliances, tires, and other items too large to be reasonably placed into a Cart as defined herein with a size limit of, not longer than five (5) feet, and stacked in piles not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth, or equivalent volume. Construction debris shall be limited to an amount that is equal to 25% of the allowable pile by volume. 3. The Contractor shall collect Bulky Waste from designated Units which have been placed to the curb for collection. 4. The Contractor and the County may by mutual agreement establish reasonable specifications regulating the size, quantity , configuration, and placement of Bulky Waste eligible for collection. 5. The Contractor shall use reasonable efforts to ensure that non Bulky Waste materials are not placed in the collection vehicle. The Contractor shall not collect Bulky Waste containing unsegregated Garbage, Yard Waste, hazardous substances or other ineligible material. 6. No more than two (2) tires shall be collected from any single Unit per collection. 7. Prior to disposal of any item containing refrigerant, the Contractor shall have had the refrigerant removed/properly recycled by a licensed company in business to do such work. Such proof may be required by a disposal facility, or the County. The removal/properly recycling of refrigerant shall be at the sole cost of the Contractor. 8. The Contractor shall collect Bulky Waste which is placed for collections that are in accordance with this Contract. It shall be the Contractor’s responsibility to give notice to the County staff if it believes Bulky Waste is not prepared and/or located per the Contract specifications. Should the Contractor fail to notify the County about a specific Unit(s) that it believes Attachment number 6Page 19 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 20 does not meet the conditions of the first sentence of this paragraph than it shall be the Contractors responsibility to collect all such Bulky Waste from such Units(s) as if it was disposed of properly pursuant to the terms of this Contract. 9. If Bulky Waste is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. Section 112: Additional Carts 1. The residents of the Contract Area may request one or more additional Carts and/or Bins from the Contractor for an additional volume of collection. 2. The Contractor will be paid for extra Carts at the rate specified in Exhibit B. 3. All additional Carts and/or Bins must be approved by the County prior to being delivered. Section 114: Place of Collection 1. The normal collection point for Garbage, Yard Waste, Recycling and Bulky Waste shall be at curbside or at the right of way. Special arrangements may be made by both the County and the Contractor on a case-by-case basis to accommodate extraordinary situations. 2. The County on a case-by-case basis may require alley collection. If alley collection is required, the County will work reasonably with the Contractor and the affected customer(s) to get all services to the alley to prevent collection from both the alley and the street. 3. The County shall monitor any collection routes or a portion of a route on a regular basis to determine if the Contractor is placing Carts/Bins back in their original locations in a neat and orderly manner after collection. Carts/Bins shall be carefully handled by the Contractor and shall be thoroughly emptied and left substantially near to the location where it was found and standing upright This work shall be done in a sanitary manner and the Collector shall immediately pick up any waste spilled by the Contractor. 4. The Contractor shall provide special service(s) for those individuals who are unable to place their Carts/Bins out for collection in the usual manner due to being Handicapped/Special Needs at a place mutually agreeable between the County and the Contractor. Any dispute over the correct placement for individuals Handicapped/Special Needs will be finally determined by the Attachment number 6Page 20 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 21 County. In the event that the Contractor is to provide back door service, the property owner must sign a waiver of liability and return it to the Contractor and the County. 5. If it would appear to a reasonable person that the Contractor is not placing Carts/Bins back substantially near their original locations in a neat and orderly manner, the Carts/Bins upright, and thoroughly emptied then the Contractor could face damages as stated in Section 560 Liquidated Damages. Section 116: Collection from Additional Locations The County may add additional collection points within the Collection Area at its sole option. This could include items such as County Cans, Bus Stops, Businesses, County Buildings, or any other locations as directed by the County. Areas of the County that were not included in the awarded Collection Area’s may be added to an awarded Collection Area at a later date. Should services be required that are not called for in this Contract, the Contractor and the County may negotiate to provide said services at a negotiated service level and cost. Section 120: Force Majeure Clean Up 1. The trigger event for this section shall be when the following items are all met: a. The County enacts the Emergency Management Center and; b. The Contractor is asked to provide services above and beyond the services normally provided for by this Contract. 2. In the event of a Force Majeure that requires clean up, the County must make all requests in writing. The Contractor shall have twenty-four (24) hours after receipt of written notice to start the clean-up project unless Contractor can demonstrate the timeline is unreasonable and shall finish such project within a reasonable time. 3. The Contractor will be paid at the rate(s) specified in Exhibit C of this Contract. 4. Under this provision, the County may alter the specifications of the Garbage, Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation. 5. The County at its sole option may authorize the Contractor to temporarily discontinue one type of service to provide additional resources to other service types. Attachment number 6Page 21 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 22 6. The Contractor shall document the resources used, time to collect, volume and/or weight, or other statistical data as requested for each assigned project as requested by the County. 7. To establish “normal volumes”, the County will average the previous three (3) months tonnages hauled for the specific commodities prior to the event. Then subtract that from the total Force Majeure Clean Up volumes for each month of the clean up. This will determine the additional volumes collected, and the monthly event tonnage that will be paid for the monthly amounts above the three prior month’s average. 8. Should the County decide to discontinue one type of service and replace it with another; the discontinued services average volumes for the previous three (3) months will be deducted from the Force Majeure volumes to accurately reflect the increased volumes due to the event. Section 122: Eviction, Vacant Lot, Special Clean-up 1. The County may require the Contractor to collect from an eviction. If the materials are not in compliance with other provisions of this Contract the Contractor will be paid at the rate specified in Appendix D of this Contract. 2. The County may require the Contractor to collect from a vacant lot. If the Contractor collects waste from a vacant lot, the Contractor will be paid at the rate specified in Appendix D of this Contract. 3. The County may require the Contractor to collect waste from a property as a special clean-up. If the Contractor collects waste under this provision, the Contractor will be paid at the rate specified in Appendix D of this Contract. 4. All materials under this section will be placed to the curb for collection. 5. The County shall make all requests in writing under this section. The Contractor shall have twenty-four (24) hours from receiving the request to collect said materials. 6. The Contractor shall document the resources used, time to collect, volume and/or weight, or other statistical data as requested for each assigned project as requested by the County. Attachment number 6Page 22 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 23 Section 124: County Clean-up Events During the term hereof, Contractor shall provide the following Clean-up events at no additional charges: 1. Summer Neighborhood – In the Month of June, the Contractor shall provide unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste so long as the following is met: a. Garbage shall be placed in boxes, bags, cans or other means to properly secure it from blowing away prior to collection, and shall not exceed fifty (50) pounds in weight per box, bag, can, etc. b. Contractor shall collect Yard Waste which has been placed in piles, bundles, marked, identified, or open top cans or in a kraft paper bag not to exceed 32 gallons in capacity. The Contractor shall not collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds each. The Contractor shall not collect Yard Waste that has been placed in plastic bags, exceeds a maximum length of (5) feet and/or has a diameter greater than 5 inches. 2. Winter Neighborhood – In the Month of January, excluding the first year of the Contract, the Contractor shall provide unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste so long as the following is met: a. Garbage shall be placed in boxes, bags, cans or other means to properly secure it from blowing away prior to collection, and shall not exceed fifty (50) pounds in weight per box, bag, can, etc. b. Contractor shall collect Yard Waste which has been placed in piles, bundles, marked, identified, or open top cans or in a kraft paper bag not to exceed 32 gallons in capacity. The Contractor shall not collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds each. The Contractor shall not collect Yard Waste that has been placed in plastic bags, exceeds a maximum length of (5) feet and/or has a diameter greater than 5 inches. 3. Masters Event – In the full week preceding, during and after the Masters Golf Tournament, an unlimited amount of Garbage shall be collected so long as the following is met: Attachment number 6Page 23 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 24 a. Garbage shall be placed in boxes, bags, cans or other means to properly secure it from blowing away prior to collection, and shall not exceed fifty (50) pounds in weight per box, bag, can, etc. Section 126: Time of Collection The Contractor shall make collections between 6:00 a.m. and 6:00 p.m. Monday through Friday, and 6:00 a.m. to 12:00 p.m. on Saturday if a route is run on that day unless the County authorizes an extension of hours. Such authorizations must be in writing and be prior to any extended hours of operation. An additional extension of hours will be granted on the Saturday following a holiday that is acknowledged in the Contract (Section 138). Those collection hours shall be 6:00 am to 6:00 p.m. Section 128: Scheduling of Collection 1. For collection of Garbage, the Contractor shall divide the Collection Area into two reasonably equal collection sectors, with one sector to be collected each Monday and Thursday, and the other sector collected each Tuesday and Friday. 2. The two collection sectors shall be bounded by natural boundaries, such as bodies of water, major highways or arterials when at all possible. Any boundaries that are on secondary or residential roads shall be divided on the back of property lines to ensure both sides of the street are collected on the same day and route. Collections shall be made from Units on a regular schedule on the same day at approximately the same time. 3. Not less than thirty (30) days prior to the start date of this Contract, the Contractor shall supply the County with a map of the Collection Area showing the day(s) of the week for which Garbage, Yard Waste, Recycling and Bulky Waste shall be collected from each sector. Each sector shall be labeled with the day of collection. A second map shall be created for each sector that shall include route boundaries, route numbers, and the truck numbers that will normally collect the route for each commodity/service. Maps must be generated in a format acceptable to the County. Maps must be defined well enough, with enough detail, that County staff may electronically recreate said maps. 4. At least thirty (30) days prior to the start date, the Contractor will notify all Units by direct mail or door hanger, to the service address, of the collection day(s) services will be performed. Notifications shall be in a pre-approved format. Attachment number 6Page 24 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 25 5. Should the Contractor wish to alter routes or days of collection, the Contractor shall provide the County at least twenty one (21) days’ notice. Any customers affected by a day change must be notified at least seven (7) days prior to the change via direct mail or door hanger to the service address, and all changes will be made in the first full week of a month. The Contractor shall provide the County an electronic listing of the changes at least seven (7) days prior to the date of the change. The form of notice to the customer shall be subject to the approval of the County 6. The County shall have the opportunity to review and approve any and all routes, day of collection changes or any other changes effecting service and schedules. All requests to alter the current service or schedule shall be made in writing. After approval and before implementation, the County shall receive updated maps of the Collection Area indicating the changes in service and/or schedule at a level equal to those listed above. Section 130: Work on County Property The Contractor will ensure that its employees shall, whenever on the County’s property, obey all instructions and directions issued by the County to include posted signs. The Contractor agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the County when on County property. Section 132: Disposal and Recycling Locations 1. The Contractor shall deliver all Garbage collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. 2. The Contractor shall deliver all Yard Waste collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. 3. The Contractor shall deliver all Recycling collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. 4. The Contractor shall deliver all Bulky Waste collected under this Contract to the County’s Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, or such other locations as the County may designate, and shall deposit the material collected in the manner directed. Attachment number 6Page 25 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 26 5. All items collected and required to go to the County’s Landfill shall be delivered Monday through Friday by 5:00 p.m. and Saturday by 12:00 p.m. 6. No disposal fees shall be charged for disposal of Garbage, Yard Waste, Recycling or Bulky Waste. The County shall bear all cost(s) associated with disposal. 7. The County has the right from time to time to change the hours of operation at the County’s Landfill. 8. The County has the right from time to time to change the disposal facility for any given commodity which may have different hours of operation than the current disposal facility. 9. Should the County elect to change the disposal facility/location, which causes a significant cost increase to the Contractor, the Contractor may petition the County for an equitable adjustment. If the change in the disposal facility/location causes a significant cost decrease to the Contractor, the County may petition the Contractor for an equitable adjustment. 10. The Contractor shall require that all personnel who exit any vehicle at the Landfill or other disposal facility must wear a “hard hat” at all times and high visibility clothing as set fourth in Section: 220. 11. Any time that materials are not disposed of at the Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805, documentation of disposal will be required. Documentation needs will be set by the County but could include items such as yardage, tonnage, date, time, ticket number, copies of tickets, etc. Section 134: Ownership of Materials Collected Collected Garbage, Yard Waste, Recycling, and Bulky Waste shall be the property of the Contractor until the collected Garbage, Yard Waste, Recycling, and Bulky Waste is disposed of at the assigned disposal facility. Once materials are disposed of at the assigned disposal facility, the materials collected shall be the property of the County or owner of said disposal facility, subject to the right of a customer to claim lost property of value. Section 136: Scavenging No “scavenging” by the Contractor, Subcontractor(s) or any of their employees shall be allowed. Scavenging means sorting through Garbage, Yard Waste, Recycling, or Bulky Waste while collecting, looking for items of possible value or picking out individual pieces for reuse while loading or unloading. Scavenging excludes searches by the original owners for valuables accidentally misplaced or that may be lost. Attachment number 6Page 26 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 27 Section 138: Holiday Schedule The Contractor shall provide collection services on all legal holidays except New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Material regularly scheduled to be collected Thanksgiving Day shall be collected on Friday, the day after Thanksgiving. Friday’s material shall be collected on Saturday. If Christmas, New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly scheduled workday, collections will be delayed one day and Friday’s materials shall be collected on Saturday. Should a holiday fall on a Saturday or Sunday, no adjustments will be made. Waste will be collected on the regular schedule on the following week. The Holiday Schedule may be amended from time to time, to meet the needs or wishes of the County. Section 140: Service Disruptions Due to Weather Service disruptions due to weather shall occur when one (1) or more of the following events have occurred. 1. The County closes for a weather related issue. 2. The County notifies the Contractor of the County’s wish to have the Contractor suspend services for weather related issues. 3. The Contractor notifies the County of the Contractors wishes to suspend services for weather related issues. The County shall reasonably evaluate the situation, and make a determination of such conditions. When snow or ice or other weather conditions prevent collection on the scheduled day, the Contractor shall make collection on the next weekday. If such conditions continue for a second consecutive day or more, the Contractor shall, on the first day that regular service to a customer resumes, collect all the materials that the customer is authorized to have, i.e. if one collection day is missed and the customer is on 95 gallon service, the Contractor shall collect 190 gallons of material. On the day that collections resume, the Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary receptacles that customers have used when the collection Carts/Bins have been filled. Section 142: Service Disruptions – Non Weather A number of collection impediments may require special efforts to accomplish collection under this Contract. Attachment number 6Page 27 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 28 1. On-Street Parking Certain neighborhood streets allow “on-street parking” which may present impediments to curbside collection services. The Contractor shall perform collection services even if the curb is blocked. 2. Blocked Streets/Renovations/Construction When closure of roadways providing access, blocked streets or other disruption beyond the Contractor’s control prevents timely collection on the scheduled day, the Contractor shall attempt collection later on that collection day. If collection is still not possible, the Contractor must notify the County prior to 4:30 p.m. on the day of service. The Contractor must provide to the County the reason collection was unachievable and the Unit(s) block range, street name, as well as the times that collections were attempted. If collection was not possible, the Contractor shall provide service on the next business day. Section 144: Missed and Make-up Collections 1. Should the Contractor fail to make a collection on a scheduled day for causes within the Contractor’s control, the Contractor shall make a special make-up collection by the end of the same business day, if notification of the missed collection is received by noon that business day, if notification is received after noon, a make-up collection shall be scheduled for the following business day with collection of the miss to be completed by noon. For the purpose of Section 144, the “business day” includes Saturday. 2. Notwithstanding the foregoing, the County may require the Contractor to do the following: a. Authorize the Contractor to defer the collection and authorize the customer to place a proportionally larger amount of waste on such customers next scheduled collection day, and to accommodate such disposal, the Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary receptacles that customers have used when the collection Carts and/or Bins have been filled. 3. It shall be a defense to a missed collection that the customer had not made timely placement of his or her waste out for collection; that placement did not comply with provisions of this Contract, or that materials collected did not comply with provisions within this Contract, provided that the Contractor shall have left an approved printed tag (red tag) on all material left because it was not properly prepared, it was overweight, or for other reasons. If Garbage, Yard Waste, Recycling or Bulky Waste is left uncollected, the Contractor will leave an explanation (red tag) to help the customer correct the Attachment number 6Page 28 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 29 problem and avoid it in the future. Should the Contractor fail to leave a red tag for the customer, it shall be the Contractors responsibility to collect all such wastes left behind as if it was disposed of properly pursuant to the terms of this Contract. 4. Should the customer have failed as outlined above, the County may require the Contractor to do the following, provided that the customer has resolved said issue: a. Authorize the Contractor to collect and authorize the customer to place a proportionally larger amount of waste on such customers next scheduled collection day, and to accommodate such disposal, the Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary receptacles that customers have used when the collection Carts and/or Bins have been filled. This provision shall exclude Yard Waste and Bulky Waste. 5. The Contractor, no later than 10:00 a.m. the next business day, must notify the County of any collections the Contractor has refused or been unable to make the previous day. It shall include the address, time of attempted collection, and reason for non-collection. This list shall be referred to as the Exception List “EL”. 6. If the County transmits a “miss” complaint to the Contractor which is on the EL, and it is a miss which the Contractor should not collect due to the fact that the material is overweight or contains material that should not be collected and a red tag was properly left, the Contractor shall note on the miss that the address is on the EL and note the reason that is was not collected and return the miss complaint to the County within two (2) business hours of its receipt, and the miss shall not be collected. 7. All miss complaints transmitted to the Contractor on Friday must be collected by noon on Saturday. If it appears to the County that the Contractor is not collecting these misses by noon Saturday, the County has the option of contracting with another collection firm to collect these misses. The cost of this option will be deducted from the Contractor’s payment. 8. This section applies to omitted collections of a single Unit, a row of Units and/or an entire route. 9. Failure to comply with the above stated provisions shall have Liquidated Damages as stipulated in Section 560. Attachment number 6Page 29 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 30 Section 146: Contract Carts 1. The Contractor shall provide all Garbage carts for this Contract. A specific rental rate will be charged for each Cart used under this Contract for the current month. The cart rental rate will be the monthly rate as specified in Exhibit B of this Contract 2. At the end the initial Contract period, the Contractors Carts shall become the property of the County free and clear, with no further encumbrance due. 3. Should the County elect to replace the Contractors Carts with Carts provided by the County, at any point in the Contract, the Contractor shall promptly remove their Carts and replace them with the Carts provided by the County. Once Carts are received by the Contractor, no further rental rates may be charged for the Contractors Carts as defined above. 4. Should the County elect to replace the Contractors Carts, the Contractor will be paid a proration for the month in which the (County owned) Carts were received by the Contractor. The proration amount for each Cart received by the Contractor shall be calculated by taking the monthly Cart rental rate in Exhibit B and dividing it by thirty one (31) days, then multiplying that number by the number of days from the first of the month until the date the County Carts were received by the Contractor multiplied by the number of Carts received. Prorations and implementation amounts will be paid as follows: a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount. b. 101-200 Carts received, the Contractor shall be paid the proration plus seven (7) days from the date of receipt. c. 201-300 Carts received, the Contractor shall be paid the proration plus fourteen (14) days from the date of receipt. d. 301-400 Carts received, the Contractor shall be paid the proration plus twenty one (21) days from the date of receipt. e. In excess of 400 Carts received, the Contractor shall be paid the proration plus thirty (30) days from the date of receipt. Example: See Attached Example Below Section 148: Supplying Garbage Carts 1. The Contractor will supply the Customers with Carts for distribution to the Customer. Carts will be a water-tight plastic container that is provided by the Contractor, that shall not be less than 95 gallons in capacity, fitted with a Attachment number 6Page 30 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 31 sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Garbage. 2. Carts for new customers shall be delivered within two (2) days of notification from either the customer or the County. Carts will be delivered in a clean, sanitary, working condition. 3. The Carts shall be provided with instructions of proper use, including any customer actions that would void manufacturer’s warranties, such as placement of hot ashes in the Cart causing the Cart to melt, and procedures to follow to minimize potential fire problems. A pamphlet explaining the dos and don’ts, program requirements, directions for placement of the Cart, and notification of the day of the week when the customer will receive collection will be provided with each Cart. 4. The pamphlet containing the dos and don’ts, program information and the directions for placement shall be supplied by the County. 5. No other cans or Carts may be placed into service unless approved by the County or as otherwise noted in the Contract. 6. Should a customer require a replacement Cart due to loss, stolen or damage, the Contractor has two (2) days to replace the Cart with a Cart in clean, sanitary, working condition. A list of lost or damaged Carts will be provided to the County with the Monthly Report, to include address so the County may bill the appropriate party. The Contractor is responsible for all repairs to Carts. Only factory or approved parts may be used to repair said Carts. Any damaged Carts, which are owned by the County, that can not be repaired by the Contractor shall be returned to the County so they may follow the warranty process. 7. If a customer discontinues service, the Contractor has two (2) days to collect the Cart. 8. All Carts physically returned to the County shall be clean, sanitary, and in working condition, unless being returned for damages beyond repair, then the Cart must be returned clean and sanitary. Section 150: Supplying Recycling Bins 1. The County will supply the Contractor with Bins for distribution to the Customer. A bin is a water-tight plastic container that is provided by the County, that shall not be less than 65 gallons in capacity, fitted with a sturdy handle, roll able and a tight fitting lid, for the purpose of collecting Recycling. Attachment number 6Page 31 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 32 2. Bins for new customers shall be delivered within two (2) days of notification from either the customer or the County. Bins will be delivered in a clean and sanitary condition. 3. The Bins shall be provided with instructions of proper use, including any customer actions that would void manufacturer’s warranties, such as placement of hot ashes in the Bin causing the Bin to melt, and procedures to follow to minimize potential fire problems. A pamphlet explaining the dos and don’ts, program requirements, directions for placement of the Bin, and notification of the day of the week when the customer will receive collection will be provided with each Bin. 4. The pamphlet containing the dos and don’ts, program requirements and the directions for placement shall be supplied by the County. 5. No other cans or Bins may be placed into service unless approved by the County or as otherwise noted in the Contract. 6. Should a customer require a replacement Bin due to loss, stolen or damage, the Contractor has two (2) days to replace the Bin with a Bin in clean, sanitary, working condition. A list of lost or damaged Bins will be provided to the County with the Monthly Report, to include address, so the County may bill the appropriate party. The Contractor is responsible for all repairs to Bins. Only factory or approved parts may be used to repair said Bins. Any damaged Bins that can not be repaired by the Contractor shall be returned to the County so they may follow the warranty process. 7. If a customer discontinues service, the Contractor has two (2) days to collect the Bin. 8. All Bins returned to the County shall be clean, sanitary, and in working condition, unless being returned for damages beyond repair, then the Bin must be returned clean and sanitary. Section 152: Cart/Bin Storage The Contractor shall provide storage space for carts and bins. The Contractor shall provide enough space to store the equivalent of two and a half percent (2.5%) of the total number of units serviced for the Collection Area for each type of Cart and Bin offered or cumulative total there of. Example Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and 125 recycling Bins = 250 total carts/Bins stored. Attachment number 6Page 32 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 33 Section 154: Minimum Cart/Bin Percentage The Contractor shall keep a minimum inventory of one half of one percent (½%) of each size Cart and Bin used under with this Contract. Section 156: Cart/Bin Replacement Cost The County shall have the right to charge the Contractor for the cost of repair or replacement of Carts and/or Bins which are owned by the County, if such repair or replacement is required as a result of abuse or damage caused by the Contractor. The County shall have additional rights to charge the Contractor for the cost of replacement Carts and/or Bins, if such replacement is required as a result of fire or theft caused by the Contractor, or on/from Contractors property . A list of lost, damaged, destroyed, or stolen Carts/Bins will be provided to the County with the Monthly Report so the County may bill the appropriate party. The Contractor is responsible for all repairs to Carts/Bins. Any damaged Bins that can not be repaired by the Contractor shall be returned to the County. Section 158: Delinquent and Closed Accounts The Contractor shall discontinue any and/or all collection services at any Unit(s) as set forth in a written notice sent by the County. Upon further written notification by the County, the Contractor shall resume any and/or all collections on the next regularly scheduled collection day. Section 160: Meetings and Communication In order to minimize problems during implementation of the Contract, to provide a forum for discussing and resolving any operational questions or issues that may arise, and for updating the Operations Plan the parties agree to meet on a regular basis as follows: 1. The period from the date the Contract is awarded until six months after the actual collection services begin (or such earlier date as may be mutually agreed to by the parties) shall be referred to as the “Implementation Phase”. During the implementation phase, meetings shall be held between representatives of the parties on a weekly basis, or on such more or less frequent basis as may be mutually agreed. The primary purpose of such meetings shall be to develop and/or refine the Operations Plan, to evaluate the Contractor’s performance in implementing the Contract, to evaluate Cart and Bin delivery progress or problems, to air and seek resolution of complaints, to discuss any actual or perceived problems with service, and to discuss promotion, public information and public relations. Attachment number 6Page 33 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 34 2. After the Implementation Phase, meetings shall be held at least on a quarterly basis, unless otherwise mutually agreed to, between representatives of the parties. Such meetings shall be held for the purpose of reviewing and discussing day to day operations, promotion, public information, and public relations. 3. Meetings shall be held at the offices of the County unless otherwise agreed. Each party shall be available for at least 90 minutes per meeting, unless otherwise agreed in advance. Meetings shall be held during normal business hours. Section 162: Program Information During Contract Start-Up All items listed below may be generated by the County. Prior to the start date of the Contract, the Contractor shall deliver to all Units receiving services, the materials created by the County to address issues such as the following. This list may not be all inclusive. 1. Materials to be collected and how such materials are to be prepared. 2. Date that the customer shall begin using the new Cart/Bin that was delivered. 3. Cart and material placement information. 4. Contractor’s telephone number that customers should call for additional information or for questions. 5. Telephone number of the County department that customers can call for additional information or for questions. The Contractor shall be responsible for informing the Customer of the Collections schedule for each Unit serviced prior to the start date. The format of said information shall be printed, and delivered to each service address via door hanger or other approved format. The Contractor shall have approval from the County prior to any distribution of these materials. The above information may further be required to be attached to any new Cart/Bin delivered or anytime that a Cart/Bin is delivered to a customer. The County shall approve all customer information materials, promotions, and educational activities and materials developed by the Contractor in advance of their production, implementation, or distribution. All public information materials will conform to the County’s guidelines and include the County’s identity. Attachment number 6Page 34 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 35 Section 164: Program Information The Contractor shall deliver informational packets and/or door hangers to each service address up to two (2) times per year at the discretion of the County. The literature for said information will be generated by the County. Attachment number 6Page 35 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 36 C. Manner of Collection Section 200: Contractor’s Responsibilities The Contractor shall be responsible for furnishing all labor, materials, equipment, and supervision necessary to perform the collection, processing, and other items described in this Contract. Section 210: Employee Conduct 1. The Contractor is responsible for providing supervision necessary to ensure that collection employees are courteous, exercise due care, do their work without delay, minimize noise, avoid damage to private property, close and relock all gates and doors that they open, and if on private property, follow the regular pedestrian walkways and paths, and not cross flower beds, lawns or through hedges. While collecting, employees shall wear or carry identification supplied by the Contractor. The identification shall be subject to approval of the County. 2. When the County identifies unsatisfactory conduct by an employee and the County notifies the Contractor of such conduct, the Contractor shall take remedial action. The remedial action shall be appropriate to the level of unsatisfactory conduct, provided that if the County requests of the Contractor that an employee be suspended from further work on the Contract for unsatisfactory conduct, the Contractor will permanently remove the employee from further work on the Contract. 3. The Contractor will notify the County of remedial action taken in its monthly reports. 4. The County will cooperate with the Contractor by supplying to the Contractor the names and contact information, when known, of the complainant as well as known witnesses. 5. Through the process identified above, the County will have the sole right to require the removal and replacement of such employee(s) by the Contractor and/or subcontractors. The County shall exercise such right by providing written notice to the Contractor via U.S. Mail, fax or email. Such notice will include the County’s reason for the request. 6. The Contractor will replace any personnel who separate from Contractors employment with equivalently qualified persons. The Contractor will replace such personnel as soon as reasonably possible, and in any event within thirty (30) days after the Contractor receives notice that an employee will be leaving. Attachment number 6Page 36 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 37 7. The term “personnel” shall include all staff provided by the Contractor or its subcontractors who have worked or perform services under this Contract. Section 220: Employee Uniforms 1. Employees who perform collections or who supervise collection activities shall wear a uniform. Uniforms shall be of similar type and color for collections employees. Supervisors shall have some differing uniform characteristic to identify such authority (such as a different color shirt or notation on their name badge). 2. The uniform shirt shall be worn buttoned up within one button of the top button and tucked into the pants/shorts. The shirts must be kept in a clean professional manner. Shirts must remain free from rips, holes and stains. T- Shirts are allowed, so long as they meet all other Contract provisions. Tank tops and sleeveless shirts are not allowed. 3. The uniform must comply with a minimum standard of the American National Standards Institute “ANSI” class II requirements for visibility. Should the Contractor elect a uniform that does not meet this criteria, then a high visibility alternative (such as a vest) meeting the minimum standard of ANSI class II shall be worn at all times while collecting and disposing of materials under this Contract. 4. The uniform pants/shorts shall be worn above the hips and should have a length not less than one (1) inch above the knees. Pants/shorts must be kept in a clean professional manner. Pants/Shorts must remain free from rips, holes and stains. All pants/shorts must be hemmed and have a finished look. 5. The uniform outerwear must comply with a minimum standard of ANSI class II requirements for visibility. Should the Contractor elect outerwear that does not meet this criteria, then a high visibility alternative (such as a vest) meeting the minimum standard of ANSI class II shall be worn at all times while collecting and disposing of materials under this Contract. 6. All uniform shirts and outerwear shall have the company name placed in a conspicuous place. In addition, supervisors shall have the word “supervisor” placed in a conspicuous place. Section 230: Spillage 1. The Contractor shall pick up any material scattered or spilled during collection by the Contractor and clean up the area affected within three (3) hours of notification of the incident. Each truck shall carry equipment (such as a broom, shovel spill kit, etc) for this purpose. Attachment number 6Page 37 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 38 2. The Contractor shall immediately, or within one (1) hour of notification, commence clean up of any paint, hydraulic, transmission, or other oil spill, or commence clean up of any spillage which creates a hazardous condition (such as spillage involving glass). For any hazardous spill, the Contractor must notify the County immediately. 3. Failure to comply with these requirements is subject to Section 560 Liquidated Damages. Section 240: Damage Claims 1. The Contractor shall be responsible for any damages to real property, personal property and personal injury to the extent caused by negligent or willful acts or omissions and is caused in whole or in part by the Contractor, its employees, agents, or subcontractors in performing work under this Contract. 2. The Contractor shall notify the County immediately of any damages and/or damage claims as set forth in the section above, and shall indemnify and hold harmless the County for same. Written notice of any damages and/or damage claims shall be provided to the County within two (2) days, and shall include the name, address, telephone number, description of incident, witness information and the description of the remedy. The Contractor shall actively work to resolve the claim timely, timely shall mean within ten (10) working days after the Contractor has received notice of damages. Claims shall be resolved within thirty (30) days. For extenuating circumstances, upon written request from the Contractor, the County at its sole option may extend the above mentioned time period. If the damage claim is deemed as Contractors responsibility by law enforcement, their designee, or independent individual/organization trained to investigate such items and is not resolved within the applicable period, the County may take any action it deems necessary to make the injured party whole and deduct the same from amounts due the Contractor. Section 250: Customer Grievances The Contractor will designate a representative to adjudicate customer grievances. At the County’s request, the representative will join the County in meeting with an aggrieved customer within 24 hours of notification to resolve a complaint about spillage, a refusal to serve or a missed pick-up and/or other deficiency in service or a need for handicapped/special service or other specific Contract provisions. Attachment number 6Page 38 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 39 D. Reporting/Information Requirements Section 300: Report/Information Specifications Throughout the life of this Contract a series of reports and information will be required by the Contractor. These reports and information are called for throughout the Contract. The County reserves the right to dictate format, style and to the extent possible, standardization of all reports and information required under this Contract. The County may require reports in hard copy and/or electronic copy for any and all reports. Listed below is a guide to some of the reports/information included in this Contract. This list may not be inclusive of the reports or information required by the Contractor under this Contract. The County further reserves the right to alter the reporting requirements from time to time. 1. Spare vehicle utilization – (Section 62) 2. Asset Inventory List (Section 85) 3. Handicapped/Special Needs – as needed (Section 114) 4. Force Majeure Clean-Up – as needed (Section 120) 5. Eviction, Vacant Lot, Special Clean-Up – as needed (Section 122) 6. Disposal and Recycling – as needed (Section 132) 7. Service Disruption – as needed (Section 142) 8. Red tag, not out, etc. – daily (Section 144) 9. Lost and/or Damaged Carts (Section 148 and 150) 10. Employee remedial action – (Section 210) 11. Damage Claims – (Section 240) 12. Service increase/decrease – (Section 410) 13. CPI increase – (Section 430) 14. Equal Employment – (Section 600 and 610) 15. DBE – (Section 630) 16. Emergency Plan – (Section 700) Attachment number 6Page 39 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 40 E. Compensation Section 400: Payment for Collection Services 1. The County shall pay the Contractor monthly for all collection services under this Contract. Payment shall be based on the number of Units collected that are receiving Garbage service in the Contract Area. 2. A Unit will be “billable” in the current month if the Unit starts services on the 1st through the 14th day of the month. The Unit will be “billable” the following month if the Unit starts services on the 15th through the 31st day of the month. 3. Should a Unit sit vacant/idle, and no service rendered for a full month, then that Unit shall not be “billable” and should be removed from the Contractors monthly invoice and service list. 4. The County shall deduct any assessments due from the payment owed to the Contractor. 5. The County shall add additional moneys owed for additional services provided for under this Contract. Section 410: Payment Procedure 1. The Contractor shall generate and submit a service listing of all current customers, including service address and Cart/Bin numbers, which meets the definition(s) provided by the Solid Waste Department, which is at least 99% accurate by November 1, 2005. 2. The Contractor shall maintain its service listing with at least 99% accuracy, listing any service increases or decreases meeting the above stated requirements for the month of December, 2005. 3. The Contractor shall submit a monthly invoice to the County within five (5) business days from the end of the month. The invoice shall be for services performed in the previous month at a Unit Price for that period of the Contract as outlined in Exhibits B, C, and D, as well as Section 400 and other provisions in this Contract. 4. The Contractor shall submit a monthly list of all service increases or decreases to the number of Units as defined by this Contract along with the above stated invoice. The Contractor is required to supply the date the Unit went into service, the address of the Unit, and any Cart/Bin numbers. The net difference will either be added to or subtracted from the prior months final Unit count. Attachment number 6Page 40 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 41 5. The County shall pay the Contractor within thirty (30) days of receipt of an undisputed invoice. 6. Payment requests shall be accompanied by: b. Data supporting the payment request to include a Unit list with name, service address and Cart/Bin number(s) as necessary to substantiate the Contractors right to remittance of the amounts invoiced. c. Certification from the Contractor that it has fully and properly performed all items of the work covered by the payment request, that all insurance and bonds required are in full force and in effect, and all subcontractors and suppliers have been paid from previous requests, and that the Contractor is not in default of any provision of the Contract. d. Certification from the Contractor that it has fully and properly met all obligations under the reporting requirements sections of the Contract, and has done so fully and honestly. e. Payment for services will not be paid until the above mentioned items have been received. 7. Should the County dispute any portion of the invoice, it shall within thirty (30) days of receipt of the invoice, provide the Contractor with a detailed itemized list of such objections. Section 420: Contract Unit Price See Exhibit B. Section 430: Adjustments 1. CPI Adjustment a. The Contractor shall be entitled to one hundred percent (100%) of the actual percentage change in the CPI (as hereinafter defined). b. The “CPI”. Means the Consumer Price Index for All Urban Consumers (“CPI-U”), Atlanta, Georgia – Atlanta, Georgia, All Items, 1982-1984 equals 100, published by the United States Department of Labor, Bureau of Labor Statistics (“BLS”), or its successor. If BLS designates an index with a nes title or code number or table number as being the continuation of the index cited above, the new index will be used, or if no new index is designated, the most nearly compatible index shall be used. Attachment number 6Page 41 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 42 2. General conditions for adjustments. a. The CPI Index percentage change will be determined from January 1st to December 31st of the previous year, with an implementation of the increase on June 1st, and every June 1st thereafter with the first increase starting in June of 2007. b. The Contractor must notify the County in writing by March 31st of each year beginning March of 2007, of the amount and percentage of any rate adjustment allowed under this section. If timely notice is not received by the County, no increase will be allowed for that year. c. In any event, the adjustment will be limited to a maximum increase or decrease of four percent (4%) annually. Section 440: Wage Increases for Employees All wage increases for collectors or any other employees of the Contractor granted during the term of this Contract shall be the sole responsibility of the Contractor. Any benefits or added costs resulting from changes in technology, laws and regulations, labor practices, availability of equipment, and other foreseeable business risks that may affect the performance of this Contract shall be the Contractor’s advantage or expense respectively, except noted herein. Section 450: Withholding and Payment of Tax Liens and Judgments The County may withhold and pay to the United States of America or to any federal court, or the State of Georgia or any state court, the amount claimed in a levy filed by the United States Internal Revenue Service or the Georgia State Department of Revenue, respectively, the amount directed by a writ of garnishment, writ of attachment, or writ of execution or by an order of a Bankruptcy Court, and/or by any court order, each for monies claimed from the Contractor. When presenting such an order, the County may in its discretion institute interpleading proceedings. The County may make a payment in conjunction with the interpleaded action to the appropriate court. Payments so made or deposited into the registry of the court shall be satisfaction of payment due to the Contractor. Attachment number 6Page 42 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 43 F. Security, Liability, Damages Section 500: Payment Bond 1. The Contractor shall furnish the County a bond with a corporate surety acceptable to the County in the amount equal to twenty five (25%) of the annual Contract amount. The bond shall be valid and non-cancelable for a period not less than one (1) year and the Contractor shall provide a new bond, or evidence satisfactory to the County of the renew ability of the current bond at least forty five (45) calendar days before it expires. 2. The initial payment bond must be in place fifteen (15) days prior to the Start Date of the Contract. 3. The bond shall be for the use and benefit of the County, with a surety company authorized to do business in the State of Georgia and acceptable to the County. Said bond shall be conditioned that should such Contractor faithfully pay all laborers, mechanics, subcontractors, material men, and all persons who shall supply such Contractor or subcontractors with provisions and supplies for the performance of this Contract, said bond shall be null and void and shall be further conditioned that any person(s) performing such work or services, said bond shall contain appropriate recitations that it is issued pursuant to this Contract. Section 510: Performance Bond 1. The Contractor shall furnish the County a bond with a corporate surety acceptable to the County in the amount equal one hundred percent (100%) of the annual Contract amount. The bond shall be valid and non-cancelable for a period not less than one (1) year and the Contractor shall provide a new bond, or evidence satisfactory to the County of the renew ability of the current bond at least forty five (45) calendar days before it expires. 2. The initial payment bond must be in place fifteen (15) days prior to the Start Date of the Contract. 3. The bond shall be for the use and benefit of the County, with a surety company authorized to do business in the State of Georgia and acceptable to the County. Said bond shall be conditioned that should such Contractor faithfully perform each and every term, condition, and provision of this Contract, said bond shall be null and void and shall be further conditioned that any person(s) performing such work or services, said bond shall contain appropriate recitations that it is issued pursuant to this Contract. Attachment number 6Page 43 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 44 Section 520: Default of Contractor 1. This section is independent, notwithstanding any other provisions of this Contract. The Contractor may be held in default of the Contract in the event the Contractor: a. Fails to perform ninety percent (90%) of the collections required by this Contract and appears, to the County, to have abandoned the work, or to be unable to resume collections within forty-eight (48) hours. b. Has failed on any occasion of two (2) consecutive working days, in any year, or ten (10) days in a calendar year to perform the collections required by the Contract; except as provided in Section 140. c. Fails to comply with the terms of Section 600 through 640 upon written notice by County with 15 days to cure. Said cure period will only apply to the first offense of similar offenses. d. Fails to furnish and maintain a Performance and/or Payment Bond per Section 500 and 510. e. Fails to furnish and maintain the Insurance requirements per Section 540. f. Fails to be granted and/or receive prior written approval of a change of control or other provision as defined in Section 875. g. Repeatedly neglects, fails, or refuses to comply with any of the terms of the Contract, after having received notice of its obligation to do so. 2. To initiate proceedings under this Section, the County shall give notice to the Contractor and its surety. Within 7 days, Contractor may demand a at which the Contractor may show cause why it should not be declared in default or why it should be given the opportunity to cure said default. In the event the Contractor fails to show, to the reasonable satisfaction of the County, why the Contractor should not be declared to be in default of this Contract, the County may make a declaration of default. In evaluating whether to make such a declaration of default, the County shall, in its discretion, consider the severity of the alleged violations, and the overall performance of the Contractor under the Contract. 3. In declaring the Contractor to have defaulted on the Contract, the County also may order the Contractor to discontinue further performance of work under the Contract and transfer the obligation to perform such work from the Contractor to the surety on the Contractor’s performance bond and take any other action it deems advisable. Attachment number 6Page 44 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 45 4. Under receipt of a notice that the work has been transferred to the surety without termination of the Contract, the surety shall take possession of all materials and equipment described in the most recent inventory submitted to the County pursuant to Section 85 hereof, for the purpose of completing the work under the Contract, employ, by the Contract or otherwise, any person and/or all persons needed to perform the work; and provide materials and equipment required therefore. Such employment shall not relieve the surety of its obligations under the Contract of bond. If there is a transfer to the surety, payments shall be made to the surety or its agent for all work performed under the Contract subsequent to such transfer, in amounts equal to those that would have been made to the Contractor had it performed in the manner and to the extent of the surety’s performance, and the Contractor shall have no claim upon the same. 5. In the event the surety on the Contractor’s performance bond fails to assume or continue performance within two (2) days after its receipt of notice that the work has been transferred to such surety, the Contractor shall be deemed to have leased, subleased, or otherwise license the County to use all, or whatever portion is desired by the County, of the materials and equipment described on the most recent inventory submitted to the County pursuant to Section 85 hereof, for collection (and processing) purposes for a period of up to one (1) year following the date of the declaration of default by the County without requiring the County to execute any other document whatsoever to accomplish such lease, sublease, or license and without requiring the County to post any bond, pledge, deposit or other security for such equipment and materials, but upon the condition that the County pay for the equipment and materials actually used for such collection a market rental that is no greater than (i) the monthly lease, in the event such property is leased by the Contractor, (ii) the periodic installment, in the event such property is being acquired under a purchase Contract, (iii) the periodic financing interest and principal, in the event such property is being acquired under a purchase Contract, or (iv) the financing arrangement; provided, that under no circumstances shall the County be liable during its use of such property for any arrearages, balloon payment, accrued interest, accelerated charges in the event of a default, or other extraordinary payment; nor shall the satisfaction thereof be a condition of the County’s interim use of such property; provided, further, that such lease, sub-lease, or license shall be suspended the date the surety on the Contractor’s bond or its agent accepts the transfer of work under the Contract. 6. In the event the County secures the performance of work under the Contract at a lesser cost than would have been payable to the Contractor had the Contractor performed the same, then the County shall retain such difference; but in the event such cost to the County is greater, the Contractor and its surety shall be liable for and pay the amount of such excess to the County. Attachment number 6Page 45 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 46 7. All payments due the Contractor at the time of default, less amounts due the County from the Contractor, shall be applied by the County against damages suffered and expense incurred by the County to reason of such default, any excess shall be paid to the Contractor unless otherwise provided herein. 8. Notwithstanding the provisions of this Section, a delay or interruption in the performance of all or any part of the Contract resulting from causes beyond the Contractor’s control, as defined in section 880, shall not be deemed to be a default and the rights and remedies of the County provided for herein shall be inapplicable; provided that all labor disputes as defined in section 880 hereof shall not be considered a cause beyond the Contractor’s control as defined in section 880. Section 530: Commitment of Equipment 1. Unless a replacement or substitute is provided, all vehicles, facilities, equipment and property identified in the Contractor’s inventory under Section 85 for use in the performance of this Contract (called “such property”) shall be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky Waste. When provided, this Section applies to the replacement and substitute. 2. For the duration of this Contract, any document (including a lease to or by the Contractor, financing Contract, acquisition over time, mortgage, or other instrument establishing a security interest) that encumbers or limits the Contractor’s interest in such property shall: a. Allow the surety on the Contractor’s performance bond to take over the Contractor’s obligations and to continue the use of the equipment in service for performance of the Contract; b. Allow the County to take over the Contractor’s obligations and to continue the use of the equipment in service for performance of the Contract; c. Exempt the County from liability during its usage of such property for arrearages, balloon payments, accrued interest, accelerated charges on account of a default, or other extraordinary payments, and not make satisfaction thereof a condition of the County’s interim usage; and d. Forbare any foreclosure, trustee’s sale or other dispossession of the Contractor’s interest in such property without giving both the County and surety on the Contractor’s performance bond sixty (60) days prior notice, and then make any termination of the Contractor’s interest in such property pursuant to such action or the enforcement thereof subject to the requirement of Subsections 1, 2, and 3 of this section. Attachment number 6Page 46 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 47 3. To assure compliance with this Section, the Contractor shall submit to the County for review and approval or disapproval prior to execution all contracts, leases, or other documents for acquisition of, or encumbering or limiting the Contractor’s interest in, such property or for replacements thereof and any proposed agreement that would encumber or transfer any interest of the Contractor in such property before the Contractor’s execution of such agreement. The County’s approval shall not be unreasonably withheld. Section 540: Insurance 1. Contractor shall at all times during the term of this Contract, obtain and maintain continuously, at its own expense, and file with the County evidence of a policy or policies of insurance as enumerated below, which name the County as an additional insured: 2. A policy of Commercial General Liability Insurance, written on an insurance industry standard occurrence form, including the following coverage’s: a. Premises/Operations Liability b. Products/Completed Operations Liability c. Personal/Advertising Injury d. Contractual Liability e. Independent Contractors Liability f. Stop Gap/Employers Contingent Liability g. Explosion, Collapse, or Underground (XCU) h. Fire Damage 3. Such Policy(ies) must provide the following minimum limits: a. Bodily Injury and Property Damage b. $2,000,000 General Aggregate c. $2,000,000 Products & Complete Operations Aggregate d. $1,000,000 Personal & Advertising Injury e. $250,000 Fire Damage Attachment number 6Page 47 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 48 4. Stop Gap Employers Liability: a. $1,000,000 Each Accident b. $1,000,000 Disease – Policy Limit c. $1,000,000 Disease – Each Employee 5. A policy of Business Automobile Liability including coverage for owned, non-owned, leased or hired vehicles written on an insurance industry standard form or equivalent. Such policy(ies) must provide the following minimum limit: a. Bodily Injury and Property Damage b. $1,000,000 Per Person c. $2,000,000 Per Occurrence 6. A policy of Workers Compensation Insurance. With respects to Workers Compensation insurance in the State of Georgia, the Contractor shall secure its liability for industrial injury to its employees in accordance with the provisions of § 34-9-1 et seq, Official Code of Georgia Annotated. Such policy must provide the following minimum limits: a. Statutory coverage for injuries and occupational disease. b. $1,000,000 Employer’s Liability. 7. Any deductible or self-insured retention must be disclosed and is subject to approval by the County. The cost of any claim payments falling within the deductible shall be the responsibility of the Contractor. 8. If any such policy is written on a “Claims Made” form, the retroactive date shall be prior to or coincident with the Start Date of this Contract. The policy shall state the coverage is “Claims Made”, and state the retroactive date. Claims made from coverage shall be maintained by Contractor for a minimum of two years following the expiration or earlier termination of this Contract, and Contractor shall annually provide the County with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the County to assure financial responsibility for liability for services performed. Attachment number 6Page 48 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 49 a. Additional Insured and Primary Insurance Provisions: Such insurance, as provided under items (1), and (2) above, shall be endorsed to include the County, its officers, elected officials, employees, agents, and volunteers as additional insured, and shall not be reduced or canceled without forty-five (45) days prior written notice to the County. In addition, Contractor’s insurance shall be primary and any other insurance maintained by the County shall be excess and not contributing insurance with the Contractors insurance. b. Evidence of Insurance: The following documents must be provided as evidence of insurance coverage: i. A copy of the policies declarations pages, showing the insuring company, policy effective dates, limits of liability and the schedule of forms and endorsements. ii. A copy of the endorsement naming the County as an additional insured showing the policy number and signed by an authorized representative of the insurance company for business auto liability and for the commercial general liability policy a form CG 2010 (ISO) or equivalent. iii. A copy of the “Endorsement Form List” to the policy or policies showing endorsements issued on the policy, and including any company-specific or manuscript endorsements. iv. A copy of an endorsement stating that the coverage’s provided by this policy to the County or any other named insured shall not be terminated, reduced or otherwise materially changed without providing at least forty-five (45) days prior written notice to the County. v. A copy of a “Separation of Insured” or “Severability of Interest” clause indication essentially that – except with respect to the limits of insurance and any rights or duties specifically assigned to the first named insured and separately to each insured against whom claim is made or suit is brought (Commercial General Liability and Business Automobile Liability Insurance). c. Policy Rating: All policies shall be subject to approval by the County as to company (must be rated A-:VII or higher in the A.M. Best’s Key Rating Guide and licensed to do business in the State of Georgia or issued as a surplus line by a Georgia Surplus lines broker), form and coverage, and primary to all other insurance Attachment number 6Page 49 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 50 d. Self Insurance: Should Contractor be self insured, under item (1), (2) and (3) above, a letter form a Corporate Officer stipulating if actuarially funds and fund limits; plus any excess declaration pages to meet the Contract requirements. Further, this letter should advise how Contractor would protect and defend the County as an Additional Insured in their Self- Insured layer, and include claims handling directions in the event of a claim. e. Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate evidence of insurance as stated above for each subcontractor. All coverage’s for subcontractors shall be subject to all the requirements stated herein and applicable to their profession. 9. Failure of the Contractor to furnish and maintain said Insurance requirements shall be considered a material default of this Contract. Section 550: Indemnity The Contractor(s) shall defend, indemnify and save harmless the County and the County’s officers, employees and agents from any and every claim and risk, and from all losses, damages, demands, suits, judgments and attorney fees, and other expenses of any kind (collectively “losses”) arising out of this Contract or the performance thereof; including but not limited to any personal injury, or death of any and all persons (including but not limited to the Contractor, its agents, employees, subcontractors and their successors and assignees, as well as the County or the County’s agents and all third parties); and including any property damage of any kind, whether tangible or intangible, including loss of use resulting there from, in connection with or related to the negligent or willful act(s) or omissions of the Contractor of its subcontractor which were caused in whole or in part by the Contractor or its subcontractor while performing work under this Contract, or in connection with or related to (in whole or in part by reason of) the presence of the Contractor or its subcontractors or their property, employees or agents, upon or in proximity to the property of the County or any other property (upon which the Contractor is performing any work called for), except only those losses resulting solely from the negligence of the County. Section 560: Liquidated Damages – Reasonable pre-estimate of Owners Damages 1. Augusta is committed to delivering quality solid waste disposal services to its citizens and maintaining clean streets and public areas. This Section establishes damages for failure to meet performance standards hereinafter set forth. This Section is independent of Section 511 – Default of Contractor. The County and Contractor expressly agree that the potential harm or injury to the County caused by the following incidents of substandard performance are difficult or impossible to accurately estimate. The County and Contractor stipulate that the following damages are a reasonable pre-estimate of the Attachment number 6Page 50 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 51 probable loss to the County and the public. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. 2. This Section is independent of Section 520 - Default of Contractor. The amounts agreed to herein for each act or omission are Liquidated Damages. Liquidated Damages may be set-off and deducted from the monthly payment to the Contractor. 3. This section will be effective on and after February 1, 2006. a. Performance Standard (Omission): Not placing Carts/Bins back in their original locations in a neat and orderly manner, Carts/Bins upright, and thoroughly emptied. (Section 114) Damage: $25 per incident b. Performance Standard (Omission): Commencement or completion of collections outside of contract specifications except as expressly permitted herein. (Section 126) Damage: $100 per incident (each truck is a separate incident plus starting early and ending late will be considered two events) c. Performance Standard (Omission): Failure to collect spillage. (Section 230) Damage: $100 per incident per day (each Unit represents a separate incident) d. Performance Standard (Omission): Failure to collect missed Garbage, Yard Waste, Recycling or Bulky Waste pursuant to this Contract. (Section 144) Damage: $25 per incident to a maximum of $500 per truck per day for each type of collection (Garbage, Yard Waste, etc.) Attachment number 6Page 51 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 52 e. Performance Standard (Omission): Failure to deliver or replace Carts/Bins as specified in the Contract. (Sections 148 and 150.) Damage: $25 per Carts/Bins per day. f. Performance Standard (Omission): Failure to start the Contract on the Start Date. Damage: $5,000 per day. g. Performance Standard (Omission): Mixing of Contract waste with non-contract waste. (Section 60) Damage: $5,000 per event h. Performance Standard (Omission): Intentional disposal of Yard Waste and/or Recycling Materials placed in a collection vehicle collecting Garbage. Damage: $100 per incident per day (each Unit represents a separate incident) (Section 104) 4. The liquidated damages set forth above are not intended to compensate the County for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude the County from recovering other damages in addition to the payments made hereunder which the County can document as being attributable to the above referenced failures. In addition to other costs that may be recouped, the County may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as attorney fees if applicable. Attachment number 6Page 52 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 53 G. Equal Opportunity/Non-Discrimination, Drug Free Work Place Section 600: Equal Employment Opportunity 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to the following: employment, upgrading, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices are provided, setting forth the provisions of this non-discrimination clause. 2. The Contractor agrees that it will inform the County of any alleged violation(s) of employment practices involving any employees who work under this Contract which are asserted in any claims filed with the Equal Employment Opportunity Commission, Labor Department, or any other federal or state compliance agency within ten (10) days of becoming aware of said claim. The Contractor will also inform the County of the final disposition of such cases within ten (10) days of becoming aware of the final disposition. Section 610: Equal Employment Opportunity – Implementation 1. The Contractor shall obtain in writing from each subcontractor or participant in a joint venture, an affirmative action policy or program and retain such written policy or program for inspection by the County. 2. The Contractor shall be responsible for the compliance of subcontractors or joint ventures. Appropriate sanctions for noncompliance will be imposed on the Contractor. The requirements for the Contractor apply to subcontractors, regardless of tier. The Contractor’s responsibility includes obtaining equal employment opportunity documentation from subcontractors or joint ventures and reviewing the same as to validity and compliance. The Contractor shall submit such documentation concurrent with the Contractor’s own submittals. 3. The Contractor will, prior to commitment and during the term of this Contract, furnish to the County upon their request and on such form as may be provided Attachment number 6Page 53 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 54 by the County, a report of the affirmative action taken by the Contractor in implementing the terms of these provisions, and will permit access to their records of employment, employment advertisements, application forms, other pertinent data records requested by the County for the purpose of investigation to determine compliance with this provision. If upon investigation, the County finds probable cause to believe that the Contractor has failed to comply with any of the terms of these provisions, the Contractor and the County shall be so notified in writing. The County shall give the Contractor an opportunity to be heard, after ten (10) days notice. If the County finds cause, the County may suspend the Contract and/or withhold any funds due or to become due to the Contractor, pending compliance by the Contractor with the terms of these provisions. Failure to comply with any of the terms of these provisions shall be a material default of the Contract. 4. The foregoing provisions will be inserted in all subcontracts for work covered by this Contract. Section 620: Contractor’s Hiring Goals - Gender 1. Without granting preferential treatment on the basis of gender, and without compromising the Contractor’s commitment to equal opportunity in employment practices, the Contractor agrees to use good faith efforts to ensure there are fair opportunities for women to participate in its workforce. The Contractor shall provide the County with Annual reports or proof as reasonably requested demonstrating its good faith efforts to comply with this goal. 2. Good Faith Effort as used in this Section refers to the Contractor’s affirmative efforts to ensure there are fair opportunities for qualified women to participate in the non-traditional aspects of the solid waste collection industry. 3. Evidence of the Contractor’s Good Faith Efforts shall include but will not be limited to: a. Efforts to ensure awareness by women of employment opportunities in the industry through (i) providing materials to be circulated and distributed concerning the breadth of opportunities, including, notices of full and part- time position openings and (ii) making clear to potential applicants the Contractor’ commitment to bring eligible employees into its workforce., regardless of gender. b. Efforts to assist all employees without regard to gender in being able to handle (i) the physical demands of the job through training in safety procedures, (ii) training in proper lifting techniques and other injury prevention measures and (iii) training in driving and operating equipment and; Attachment number 6Page 54 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 55 c. Efforts to maintain an equal opportunity work environment by (i) having regular and semi-annual planning/training sessions with workers outlining the Contractor’s policy prohibiting harassment, sexual harassment and its intention to strictly enforce the policy, (ii) offering women employees training to mitigate possible intimidating aspects of being the first female members of a traditionally male dominated occupation, (iii) offering training in increased productivity methods, and (iiii) providing special training to supervisory personnel for purposes of EEO and sexual harassment policy implementation. 4. The foregoing provisions will be inserted in all subcontracts for work covered by this Contract. Section 630: Good Faith use of Disadvantaged Business Enterprises It is an official policy of the Augusta-Richmond County Commission, other Augusta- Richmond officials, and employees, that all necessary and reasonable steps shall be taken to ensure that disadvantaged business enterprises including small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts. Further, the Augusta-Richmond County Commission has the option to establish incentives to promote business opportunities covered by Augusta-Richmond County Code§ 1-10-61. To implement this policy, County encourages minority participation through subcontracting, joint ventures, or other methods in contracting for services. In order to expedite the evaluation process, we have attached is the Checklist for Good Faith Efforts, Proposed Disadvantaged Business Enterprise Participation, and Letter of Intent to Perform forms. The Contractor should complete the Proposed DBE Participation Form, indicating the percentage of participation for this Contract. Augusta-Richmond County’s office of Disadvantaged Business Enterprise is available at (706) 826-1325 as a resource in identifying local Disadvantaged Business Enterprise (M/WBEs and SBEs). Definition(s) 1. Minority Person – A United States citizen or permanent resident alien (as defined by the Immigration and Naturalization Service) of the United States, who is Asian, Black, Hispanic, Native American, or female, also one who is economically and socially disadvantaged. 2. Disadvantaged Business Enterprise (M/WBE and SBE) - A business which is owned or controlled by minority persons who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social and economic disadvantages. The ownership interest must be real and continuous and not created solely to meet the minority business or Attachment number 6Page 55 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 56 minority contractor provisions of this Policy. More specifically, disadvantaged business refers to any small business concern which: a. Is at least fifty-one 51% owned by one or more minority citizens of the United States who are determined to be socially and economically disadvantaged? b. Is a corporation, with fifty-one percent (51%) of all classes of voting stock of such corporation must be owned by an individual determined to be socially and economically disadvantaged. c. Is a partnership, with fifty-one percent (51%) of the partnership interest is owned by an individual or individuals who are socially and economically disadvantaged and whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. Such individuals must be involved in the daily management and operation of the business concerned 3. Women Business Enterprise (WBE) – A business which is owned and controlled by one or more females and who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social and economic disadvantages. 4. Small Business Enterprise (SBE) – A local small business which has its principal office and place of doing business in Augusta-Richmond County which is not dominant in its field of operation and is regarded as small in size as measured by its annual gross receipts being less than $500,000. DBE Utilization 1. Obligation a. Contractors are required to make all possible efforts that are reasonable to ensure that M/WBEs and SBEs have full and fair opportunities to compete for performance by complying with the requirements of this clause. Included in these requirements is the achievement of a good faith effort to utilize Disadvantaged Business Enterprise under this Contract either directly or indirectly through work, services or supplies or other available means, and/or substantiation that there is a good faith effort to ensure that DBEs had the maximum opportunity to participate in the performance of work under this Contract. Contractors shall not discriminate on the basis of race, ethnicity, national origin or gender in the award and performance of the work under this contract. Attachment number 6Page 56 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 57 2. Compliance a. The Contractors participating in this contract are hereby notified that failure to fully comply with the County’s DBE policy, as set forth herein, shall constitute a breach of contract which may result in termination of the Contract or such other remedy as deemed appropriate by the County. 3. Requirements and procedures subsequent to Contract award and prior to issuance of notice to proceed a. Upon approval of the required DBE utilization documentation, including but not limited to (Contractor’s DBE Utilization Form; Proposed DBE Participation Form) the successful Contractor shall enter into a subcontract with each approved subcontractor. A copy of said sub-contract shall be provided to the County prior to the start date of the Contract. The Contractor, thereafter shall neither terminate nor significantly reduce the scope of work to be performed by, or significantly decrease the price to be paid to, the subcontractor there under, without, in each instance, prior written approval of the County. All requests are to be made in writing. An additional copy of said request shall be sent to: Director of Disadvantaged Business Enterprise 501 Greene Street, Suite 304 Augusta, Georgia 30901 b. DBE Substitutions – Failure to comply with the terms of the Contract, including required use of DBE’s as indicated on the Contractor’s Statement of the DBE Utilization form constitutes breach of contract, and may lead to the cancellation or termination of the Contract. The Contractor must notify the County, in writing of the necessity to substitute a new DBE in order to fulfill the DBE requirements prior to a substitution being made. The letter requesting approval of a substitution must give specific reasons for justifying release by the County of prior DBE commitments specified in the Contractor’s proposal. An additional copy of said request shall be sent to: Director of Disadvantaged Business Enterprise 501 Greene Street, Suite 304 Augusta, Georgia 30901 Actual substitution or replacement of DBEs to fulfill the DBE Contract requirements shall not be made before the County’s written approval is given as the acceptability of the substitute DBE. Attachment number 6Page 57 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 58 c. After award of the Contract, no waiver of the DBE requirements will be granted except in exceptional circumstances. Requests for complete or partial waiver of the DBE requirements of this Contract must be submitted in writing to the County, stating all details of the request, the circumstances, and any additional relevant information. The request must be accompanied by a record of all efforts taken by the Contractor to locate specific DBEs, to solicit DBE bids, and to seek assistance from the Office of the Disadvantaged Business Enterprise, (706) 826-1325. An additional copy of said request shall be sent to: Director of Disadvantaged Business Enterprise 501 Greene Street, Suite 304 Augusta, Georgia 30901 In cases, where an enterprise was previously considered to be DBE is found not to be bona fide, the County will consider the following special criteria in evaluating a waiver request. 1. Whether, the prime contractor was reasonable in believing the enterprise to be a bona fide DBE; and 2. Whether reasonable efforts were taken to substitute the DBE involved. 4. Reporting requirements and post award compliance a. To assist the County in determining the responsibility of the Contractor in adhering to the DBE requirements of the Contract, the successful Contractor shall submit the DBE validating information. 1. Attachment “A” and Attachment “B” shall be completed and submitted with proposal in a separate sealed envelope, indicate N/A if no participation. 2. All firms must have a valid and current certification awarded by the Office of the DBE; Department of Transportation; GDOT; or other recognized certification entity. b. Any Contractor found to have knowingly engaged in or participated in any attempt, directly or indirectly, to evade the requirements of this DBE Contract clause may be declared ineligible for any future contracts paid for, in whole or in part by the County. Furthermore, the Contractor may be held liable to the County for any forfeiture of funds or damages caused by a delay in the award or performance of the Contract resulting from the Contractor’s non- compliance. c. During the performance of the work under this contract, the Contractor shall keep such records as are necessary to determine compliance with its DBE Attachment number 6Page 58 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 59 utilization obligations. Records to be kept by the Contractor will indicate the actual DBE and non-DBE contractors, types of work being performed, actual dollar value of work, services, and procurement (See Attachment C). Notice shall be made in writing, and include a copy to the Office of Disadvantaged Business Enterprise, any time during the contract period that the Contractor anticipates the established DBE requirements on the Contract will not be achieved. In the event the Contractor does not achieve the established requirement, the records shall also include the following: (i) the progress and efforts being made in seeking out disadvantaged contractors for work on this project; and (ii) documentation of all correspondence, contacts, telephone calls, etc., to obtain the services of disadvantaged business enterprises on this project. d. During the Contract period, the Contractor shall submit reports (See Attachment C) monthly on contracts and other business transactions executed with DBEs with respect to the records cited to exact provision the records are referred to. The reports shall be in such a form, manner, and content as prescribed by the County. The report (See Attachment C) shall be submitted with each request for payment, no later than five (5) business days from the end of the month with a copy going to both the Solid Waste Department as well as to the Office of Disadvantaged Businesses Enterprise. Section 640: Non-Discriminatory Service The Contractor will not discriminate against any customer or County resident in the provision of service or quality of service on account of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide qualification to or for service. The Contractor shall provide the same good quality service throughout the Collection Area without regard to racial, ethnic, or cultural characteristics or relative standard of living of the neighborhood. Section 650: Drug –Free Workplace 1. The County is a drug-free workplace employer. The Contractor hereby certifies that it has or it will within thirty (30) days prior to the Start Date of the Contract: 2. Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition; 3. Establish a drug-free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Contractor’s policy of maintaining a drug-free workplace, (iii) any available drug counseling, Attachment number 6Page 59 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 60 rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations; 4. Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlined above, and (ii) notify the Contractor of any criminal drug statute conviction for a violation occurring in the workplace not later that five (5) days after such conviction; 5. Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by, an employee convicted of a drug crime; 6. Make a good faith effort to continue to maintain a drug-free workplace for employees; and require any party to which it subcontracts any portion of the work under the Contract to comply with the above provisions. 7. A false certification or the failure to comply with the above drug-free workplace requirements during the performance of the Contract shall be grounds for suspension, termination or debarment. 8. The foregoing provisions will be inserted in all subcontracts for work covered by this Contract. Attachment number 6Page 60 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 61 H. Operations Plan, Emergency Plan Section 700: Operations Plan 1. After the Contract has been awarded and no less than ninety (90) days prior to the Start Date, the Contractor shall prepare and submit to the County a comprehensive and detailed Operations Plan, which describes in detail all tasks, procedures and resources associated with the transition from the County’s current Contract for Garbage, Yard Waste, Recycling and Bulky Waste collection to the awardees of this Contract. The Operations Plan, once approved by the County, will become a part of this Contract. 2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities, events, procedures and resources necessary for the Contractor to provide for a smooth and efficient transition from the County’s current service providers to the Contractor awardees, with minimum disruption to the County’s Customer. The Operations Plan will further contain a time line and completion date for all such tasks and activities. The Contractor will ensure that certain essential operations as set forth in the Operations Plan will not be interrupted by any part of the transition. The Contractor shall seek the County’s input in developing the Operations Plan, and the Operations Plan shall not be deemed final until accepted in writing by the County. 3. The Operations Plan shall be maintained by the Contractor, and shall be updated and submitted to the County on a weekly basis throughout the implementation phase to reflect the current status of all work. Aside from updates to show tasks accomplished, no changes to the Operations Plan shall be made without the prior written approval of the County. 4. The County shall have the right to audit, on its own behalf or through agents, the Operations Plan and the progress of all work throughout the implementation. The County or its agents shall be entitled to conduct audits as it sees fit. 5. The Contractor will adhere to the schedule set forth in Operations Plan regarding the transition and implementation of its Garbage, Yard Waste, Recycling, and Bulky Waste. There shall be no extensions of the time periods or completion dates set forth in the Operations Plan without the County’s written consent. 6. When stating days in the Operations Plan, it is to be based on Calendar Days. 7. Throughout the implementation phase weekly reports will be made to the County regarding the progress of the transition. Attachment number 6Page 61 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 62 8. Samples of items to include in the operations plan would be; a. Acquiring assets, preparing assets for collection, scheduling asset inspections, etc. b. Asset Inspections. c. Developing asset inventory lists. d. Setting up contractors offices. e. Ensuring disposal stickers are purchased, and placed on vehicles. f. Setting up routes, and creating service maps. g. Procedures for notifying customers of new collection days. h. Procedures for orientation of collection and Cart/Bin delivery personnel including route coordination/cooperation with County staff. i. Identifying handicapped/special needs customers. j. Procedures for transmitting information to and from the County and the Contractor k. Procedures for applying, appealing and reversing liquidated damages. l. Standards for electronic transfer of information. m. Acquisition of bonds and insurance. n. Developing an emergency plan. Section 710: Emergency Plan 1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an Emergency Plan to the County which shall detail those actions which the Contractor will take to deal with emergency situations such as extreme cold temperatures, snow/ice, fire, or natural disaster which would require a deviation from normal operating procedures. 2. The Emergency Plan shall also include emergency phone numbers of the Contractor, and for key contact persons, such that a responsible contact person is available to the County at all times. The Emergency Plan must also include customer notification procedures. Attachment number 6Page 62 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 63 3. Upon submission of the Emergency Plan to the County, the County shall approve or reject the Emergency Plan. If the Emergency Plan is rejected, the Contractor and the County will begin negotiations to develop a mutually agreeable Emergency Plan prior to the Start Date of the Contract. 4. The emergency plan shall be updated annually in the month of January. Additional updates are required when items in the plan change or need updated. Attachment number 6Page 63 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 64 I. Ancillary Provisions Section 800: Assignment of Pledge of Monies by the Contractor The Contractor shall not assign or pledge any of the monies due under this Contract without securing the written approval of the surety on the performance bond as well as the payment bond and providing at least thirty (30) days prior written notice to the County of such assignments or pledge together with a copy of the surety’s approval(s) thereof. Such assignments or pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this Contract. Section 805: Assignment, Subcontracting, Delegation of Duties 1. The Contractor may not sub-Contract more than 50% of the total amount of collections and total work under this Contract without the prior written approval of the County. The Counties decision shall be final and binding. 2. Except for the subcontracting identified in the Contractor’s proposal, the Contractor shall not assign or subcontract or transfer any of the work or delegate any of its duties under the Contract without the prior written approval of the County, which approval may be withheld in the County’s sole discretion. Notwithstanding the foregoing, the County’s approval shall not unreasonably be withheld if the Contractor proposes to assign or transfer this Contract to an affiliate of the Contractor or to Contractors parent corporation, provided that Contractor can establish to the reasonable satisfaction of the County that (i) the assignee or transferee will operate the Contract in substantially the same manner as the Contractor, will use substantially the same management and collection personnel as Contractor, and possesses substantially the same financial capabilities as Contractor and (ii) the assignee or transferee is not affiliated in any way with the company that has a Contract for residential collection with the County for the portion of the County outside the Contractor Collection Area. 3. In the event of an assignment, subcontract, or delegation of duties, the Contractor shall remain responsible for the full and faithful performance of the Contract and the assignee, subcontractor, other obligor shall also become responsible to the County for the satisfactory performance of the work assumed. The County may condition its approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to the County to fully and faithfully complete the work or responsibility undertaken. 4. During the term of this Contract, the Contractor shall not have an ownership interest in any other company that has a Contract for residential collection with the County. Attachment number 6Page 64 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 65 5. Should a Contractor sub-contract work under this contract, a sub-contract contract/agreement shall be generated in writing. This agreement shall at a minimum include the area to be serviced, the price that the sub-contractor shall be paid, and the required sections under this contract that flow through to a sub-contractor. A copy of said agreement(s) shall be provided to the County within fourteen (14) days of execution. Section 810: Audit and Inspections 1. During the term of the Contract and for a period of one (1) year after the termination or expiration of the Contract for any reason, the County shall have the right to audit, either itself or through an agent, the books and records (including but not limited to technical records) of the Contractor to ensure the Contractor’s compliance with all the terms and conditions of the Contract. 2. During the term of the Contract, the County shall have the right to inspect any item deemed necessary to ensure that Contract provisions are/were being met. This can include, but is not limited to; site visits to the office or other locations used under this Contract, disposal locations, field, shop inspections or equipment, etc. Section 815: Contractor Will Not Sell or Disclose Data The Contractor will treat as confidential information, all data in connection with the Contract. County data processed by the Contractor shall remain the exclusive property of the County. The Contractor will not reproduce, copy, duplicate, disclose or in any way treat the data supplied by the County in any manner except as contemplated by this Contract. Section 820: No Publicity No advertising, sales promotion or other materials of the Contractor or its agents or representatives may be distributed to customers without prior written approval of the County. The Contractor, its agents or representatives shall not reference this Contract or the County in any manner without the prior written consent of the County. Section 825: Contract Rights 1. The parties reserve the right to amend this Contract from time to time by mutual agreement in writing. 2. Rights under this Contract are cumulative, and in addition to rights existing at common law. 3. Payment by the County and performance by the Contractor do not waive their Contract rights. Attachment number 6Page 65 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 66 4. Failure by either party on any occasion to exercise a Contract right shall not forfeit or waive the right to exercise the right of another occasion. The use of one remedy does not exclude or waive the right to use another. Section 830: Open Records Act Contractor acknowledges that County records including this Contract are subject to Georgia’s Open Records Act. Section 835: Interpretation 1. This Contract shall be interpreted as a whole and to carry out its purpose. This Contract is an integrated document and contains all the promises of the parties; no earlier oral understandings modify its provisions. 2. Captions are for convenient reference only. A caption does not limit the scope or add commentary to the text. Section 840: Law; Venue The laws of the State of Georgia shall govern the validity, construction and effect of this Contract. The venue for any claims, litigation or causes of action between the parties shall be in the Superior Court of the Richmond County, Georgia. Section 845: Discretionary Waiver of Right to a Jury Trial The Contractor and County may waive all rights to have a trial by jury in any action, proceeding, claim, or counterclaim brought by either of them against the other on any matter whatsoever arising out of or in any way related to or connected with the Contract. Section 850: Specific Performance and Injunctive Relief The Contractor agrees that the services are critical to the County’s operation and that monetary damages are not an adequate remedy for the Contractors failure to provide services as required by the Contract, nor could damages be the equivalent of the performance of such obligation. Accordingly, the Contractor hereby consents to an order granting specific performance of such obligations of the Contractor in a court of competent jurisdiction within the State of Georgia. The Contractor further agrees that a failure by it to perform the services in the manner required by the Contract will entitle the County to injunctive relief. Section 855: Notices 1. All official notices or approvals shall be in writing. Unless otherwise directed, notices shall be delivered by messenger, by certified or registered Attachment number 6Page 66 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 67 mail, return receipt requested, or by fax to the parties at the following respective addresses: To the County: To the Contractor: Assistant Director General Manager 4330 Deans Bridge Road 5734 Columbia Road Blythe, GA. 30805 Grovetown, GA. 30813 (706) 592-9634 Phone (706) 790-7920 Phone (706) 592-1658 Fax (706) 434-0254 Fax 2. Either party may from time to time designate a new address for notices. Unless a return receipt or other document establishes otherwise, a notice sent by U.S. Mail shall be presumed to be received the third business day after its mailing. Section 860: Severability Should any term, provision, condition, or other portion of this Contract or its application be held to be inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its purposes, the remainder of this Contract or its application in other circumstances shall not be affected thereby and shall continue in force and effect. Section 865: Interest of the Parties The Contractor covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner of degree with the performance of services required under the Contract. Section 870: No Bribery The Contractor certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the County in connection with the Contract. Section 875: Change in Control – Legal Counsel 1. In the event of a change in “Control” of the Contractor (as defined below), the County shall terminate the Contract for default unless the County has granted prior written approval. Such approval shall be at the sole discretion of the County. Any approval by the County for transfer of ownership or control shall be contingent upon the perspective controlling party becoming a signatory to the Contract and otherwise complying with the terms of the Contract. The Contractor shall notify the County within ten (10) days after it becomes aware that a change in Control will occur. As used in the Contract, the term “Control” shall mean the possession, direct or indirect of either; Attachment number 6Page 67 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 68 a. The ownership of or ability to direct the voting of, as the case may be fifty one (51%) or more of the equity interest, value or voting power of the Contractor; or b. The power to direct or cause the direction of the management and policies of the Contractor whether through the ownership of voting securities, by Contract or otherwise. Section 880: Force Majeure 1. The Contractor shall not be liable for any failure or delay in the performance of its obligations pursuant to this Contract (and such failure or delay shall not be deemed a default of this Contract or grounds for termination hereunder if all of the following conditions are satisfied: a. If such failure or delay i. could not have been prevented by reasonable precaution, and ii. cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work around plans, or other means, and b. If and to the extent such failure or delay is caused, directly or indirectly by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or revolutions, or court order. 2. Upon the occurrence of an event which satisfies all of the conditions set forth above, the Contractor shall be excused from any further performance of those obligations pursuant to this Contract affected by the Force Majeure for as long as; a. Such Force Majeure event continues and, b. The Contractor continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. 3. Upon the occurrence of a Force Majeure event, the Contractor shall immediately notify the County by telephone and confirmed in writing within two (2) days of the occurrence of a Force Majeure and shall describe in reasonable detail the nature of the Force Majeure. If any Force Majeure prevents the Contractor from performing its obligations for more than five (5) days, the County may terminate this Contract. Attachment number 6Page 68 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 69 4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not excused under this provision. Attachment number 6Page 69 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 70 Section 885: Dispute Resolution 1. In the event of a dispute arising under this Contract, the parties shall continue performance of their respective obligations under this Contract and shall attempt to resolve such dispute in a cooperative manner. If the parties are unable to resolve the dispute, then, in addition to and without waiving any rights and remedies under this Contract or under civil or common law, the parties may voluntarily agree to arbitration pursuant to the terms of this section. 2. Within fifteen (15) days after agreement to arbitration has been reached, each party shall submit the name of its own arbitrator, selected from a panel of persons qualified by the American Arbitration Association and the two arbitrators shall select a third arbitrator from such panel within fifteen (15) days thereafter, or in case of a disagreement concerning the appointment of the third arbitrator, the third arbitrator shall be appointed from such panel by the presiding judge of Richmond County Superior Court. During such time that the arbitrators are being selected or appointed, the parties shall continue to negotiate in good faith to resolve their dispute in a cooperative manner. 3. The arbitrators shall apply applicable provisions of Georgia law in reaching their determination. The determination by the arbitrators shall be final and binding on the parties, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The County and Contractor shall use their best efforts to conclude all arbitration proceedings involving fee and rate adjustment disputes within thirty (30) days following the commencement of such arbitration proceedings. Any arbitration determination granting an increase in fees or rates may include an award of interest at the statutory rate until the date the increase becomes effective. 4. The arbitrators shall have the authority, but shall not be required, to award to the prevailing party in the arbitration proceedings reasonable attorneys fees, expert and non-expert witness costs and expenses, and all other reasonable costs and expenses incurred directly or indirectly in connection with the proceedings provided, however, the costs of the arbitrators shall be shared equally by the parties. Attachment number 6Page 70 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 71 ____________________________ ___________________________________ Augusta, Georgia (Augusta- Richmond County, Georgia) By:__________________________ As its Mayor Attest: _________________________________ Clerk of Commission The foregoing Contract is hereby executed by the below-listed parties: Contractor:___________________ By:_________________________ As its:_______________________ Sworn to and subscribed before me this _____ day of ____________________, 2005. _______________________________ Notary Public My Commission Expires:__________________ Attachment number 6Page 71 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 72 Example From Section 146 Assumptions 1. Cart rental rate in Exhibit B = $2.00 2. County elects to replace 250 carts. 3. Carts were received by the contractor on the 15th of the month. Calculations Proration Amount 1. ($2.00/31) = $.0645 (cents per day per cart) 2. ($.0645*15) = $.9675 (prorated amount per cart based on date received) 3. ($.9675*250) = $241.88 (amount owed based on prorated amount and the number of carts) Implementation Amount 1. ($.0645*14) = $.903 (prorated amount multiplied by allowed implementation days) 2. ($.903*250) = $225.75 (amount owed based on 14 days implementation multiplied by 250 carts) Total owed to Contractor $241.88 for prorated amount plus $225.75 for implementation period = $467.63 5. The County may ship the Contractor Carts which are assembled, unassembled, in single, limited, or truckload quantity. 6. All cost(s) associated with assembly and delivery of said carts shall be that of the Contractor. Attachment number 6Page 72 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 73 Exhibit A: Collection Area(s) Attachment number 6Page 73 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 74 Exhibit B: Rate Table Services Twice per week Once per week Garbage $7.69 Recycling $1.60 Yard Waste $3.75 Bulk Waste $0.59 Monthly Collections Cost $13.63 Additional Services Monthly Cart Rental Fee (per garbage cart provided by Contractor) $1.25 Extra Garbage Collection (per additional cart serviced) $3.75 Extra Recycling Collection (per additional cart serviced) $1.00 Attachment number 6Page 74 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 75 Exhibit C: Force Majeure Rate Table Rate Rate Per 10 Yard Roll Off $195.00 Pull 20 Yard Roll Off $195.00 Pull 30 Yard Roll Off $195.00 Pull 40 Yard Roll Off $195.00 Pull Regular Time Rate Overtime Rate Rate Per 15-24 Yard Rear Load (Driver and Helper) $175.00 $250.00 Hour 25 Yard or Larger Rear Load (Driver and Helper) $175.00 $250.00 Hour 15-24 Yard Side Load (Driver) $200.00 $275.00 Hour 25 Yard or Larger Side Load (Driver) $200.00 $275.00 Hour 25 Yard or Larger Front Load (Driver and work can) $200.00 $275.00 Hour Additional Laborer (per person as requested) $35.00 $52.50 Hour Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per 1 Bobcat w/operator $175.00 $250.00 Hour 2 Clam truck w/operator $175.00 $250.00 Hour 3 Roll-off truck w/driver $175.00 $250.00 Hour 4 Roll-off container rental $5.00 $5.00 Day 5 Roll-off container delivery $90.00 $90.00 Delivery 6 $0.00 $0.00 7 $0.00 $0.00 8 $0.00 $0.00 9 $0.00 $0.00 10 $0.00 $0.00 Attachment number 6Page 75 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 76 Exhibit D: Eviction, Vacant Lot, Special Clean-up Rate Rate Per 10 Yard Roll Off $165.00 Pull 20 Yard Roll Off $165.00 Pull 30 Yard Roll Off $165.00 Pull 40 Yard Roll Off $165.00 Pull Regular Time Rate Overtime Rate Rate Per Rear Load (Driver)$125.00 $175.00 Hour Side Load (Driver)$150.00 $200.00 Hour Front Load (Driver and work can) $150.00 $200.00 Hour Additional Laborer (per person as requested) $25.00 $37.50 Hour Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per 1 Bobcat w/operator*$125.00 $175.00 Hour 2 Clam truck w/operator*$125.00 $175.00 Hour 3 Roll-off truck w/driver $125.00 $175.00 Hour 4 Roll-off container delivery $80.00 $80.00 Delivery 5 Roll-off container rental $5.00 $5.00 Day 6 *Note: 4-hour minimum charge 7 8 9 10 Attachment number 6Page 76 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 77 DBE Forms Form A (Letter of Intent to Perform) Complete an individual form identifying each DBE sub-contractor/supplier used for this contract. Forms must be signed by sub-contractor. Form A should be completed and submitted with your bid in a separate sealed envelope. If there is no participation, indicate N/A Attachment number 6Page 77 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 78 Form A PROJECT LETTER OF INTENT TO PERFORM AS A SUBCONSULTANT/SUBCONTRACTOR/SUPPLIER TO: (NAME OF PROPOSER) A. The undersigned intends to perform work in connection with the above project in the following capacity (check one): An individual A corporation A partnership A joint venture B. The DBE status of the undersigned is confirmed as follows: By attachment of a current Certificate of Certification issued by the Department of Transportation By attachment of a current Certification issued by the Disadvantaged Business Enterprise Office C. The undersigned is prepared to perform the following work in connection with the above project D. The undersigned states that they will be performing________% of the total project. E. The undersigned will sublet and/or award % of this subcontract to non-DBE contractors and /or non-DBE suppliers. The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project cited herein between the Proposer and Augusta-Richmond County. ____________________________________________________ Date: ___________________ (DBE Contractor Firm Name) By: _________________________________________________ (Signature of Authorized Representative) Attachment number 6Page 78 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 79 Form B (Proposed DBE Participation Form) Complete an individual form identifying each DBE sub-contractor/supplier used for this contract. Forms must be signed by sub-contractor. Form B should be completed and submitted with your bid in a separate sealed envelope. If there is no participation, indicate N/A Attachment number 6Page 79 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 80 Form B PROPOSED DBE PARTICIPATION PRIME CONTRACTOR PROJECT ___________________________ DBE FIRM PRINCIPAL OFFICIAL ADDRESS/PHONE NO. TYPE OF WORK Dollar Value of Work Total Price: $_____________________ Total DBE value: $_____________________ Total DBE percent: _____________________% Signed By: Title: Date: Attachment number 6Page 80 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 81 Form C (Contractors Statement of DBE Utilization Form) Complete form indicating the DBE’s utilization for the requested pay period. This information identifies the actual DBE sub-contractors/suppliers, types of work performed, actual dollar value of work/services and suppliers. To avoid delay of payments this form must accompany all pay requests. Attachment number 6Page 81 of 91 PD F C o n v e r t . 1 4 3 6 3 . 1 . 2 0 1 0 S o l i d W a s t e C o l l e c t i o n s C o n t r a c t - A d v a n c e d . d o c 82 Fo r m C AU G U S T A - R I C H M O N D C O U N T Y DI S A D V A T A G E D B U S I N E S S E N T E R P R I S E D E P A R T M E N T CO N T R A C T O R ' S S T A T E M E N T O F D B E U T I L I Z A T I O N SH E E T O F ( 1 ) P A Y R E Q U E S T N O . ( 2 ) R E P O R T P E R I O D F R O M _ _ _ _ _ _ _ _ _ _ _ _ _ T O _ _ _ _ _ _ _ _ _ _ _ _ _ _ (3 ) P R O J E C T N A M E (4 ) P R O J E C T N O . _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( 5 ) B A S E B I D $ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( 6 ) C O N T R A C T N O . _ _ _ _ _ _ _ (7 ) R E Q U I R E D D B E U T I L I Z A T I O N % ( 8 ) P R O P O S E D D B E U T I L I Z A T I O N % (9 ) DB E N A M E RE P R E S E N T A T I V E NA M E & TE L E P H O N E NU M B E R (1 0 ) CL A S S O F WO R K (1 1 ) CO N T R A C T AM O U N T (1 2 ) CO N T R A C T AD J U S T - ME N T S (1 3 ) RE V I S E D CO N T R A C T AM O U N T (1 4 ) AM O U N T EA R N E D T H I S PE R I O D (1 5 ) AM O U N T EA R N E D T O DA T E (1 6 ) AM O U N T RE T A I N E D TH I S P E R I O D (1 7 ) AM O U N T RE T A I N E D T O DA T E (1 8 ) % O F C O N T R A C T CO M P L E T E T O DA T E (1 9 ) D B E TO T A L S (2 0 ) C O N T R A C T O R : ( 2 1 ) A U T H O R I Z E D S I G N A T U R E _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ ( 2 2 ) D A T E _ _ _ _ _ _ _ _ (2 3 ) P ER C E N T A G E O F T O T A L C O N T R A C T C O M P L E T E D T O D A T E ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Attachment number 6Page 82 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 83 Good Faith Effort Checklist Complete – The purpose for the Good Faith Effort Checklist is to indicate all necessary and reasonable steps taken to ensure that DBEs, including local small business enterprises, have the maximum opportunity to compete for and participate in all contracts and sub-contracts. Attachment number 6Page 83 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 84 AUGUSTA-RICHMOND COUNTY CHECKLIST FOR GOOD FAITH EFFORTS A bidder’s good faith efforts must be those that could reasonably be expected from a bidder who was actively and aggressively seeking to meet the Disadvantaged Business Enterprise (DBE) goal. Good faith efforts may include, but are not limited to: Yes No 1. _x__ ___ Soliciting through all reasonable and available means, the interest for all certified DBEs who have the capability to perform the work of the contract. Such solicitations must be in sufficient time to allow DBEs to participate effectively. 2. _x__ ___ Confirming attendance at any pre-solicitation or pre-bid meetings. 3. ___ _x__ Providing proof of any advertisements in general circulation, trade association, and minority or woman focused media. 4. _x__ ___ Documenting the follow-up to the initial solicitation with DBEs. 5. _x__ ___ Documenting how portions of the work were selected to solicit DBE participation and how the selection was made in order to increase the likelihood of meeting the DBE goals. This would include, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation. 6. _x__ ___ Providing information on any negotiations with DBEs including bid item adjustments, terms and conditions of the contract, bonding and insurance requirements and etc. 7. _x__ ___ Documenting efforts to assist DBEs in obtaining bonding, lines of credit, or insurance. 8. _x__ ___ Providing copies of the information supplied to DBEs to solicit their bids. Such information should include adequate information about the plans, specifications, and requirements of the contract to enable the DBE to supply a complete and competitive bid. 9. _x__ ___ Providing information regarding the services/assistance secured from minority and women community organizations, contractors’ groups, local minority and women business assistance offices and other organizations that provides assistance in the recruitment and placement DBEs. 10. _x__ ___ Negotiating in good faith with interested DBEs. It is the bidder’s responsibility to make a portion of the work available to DBE subcontractors and suppliers. The bidder must provide documentation that consideration was given when selecting portions of the work or material needs on the contract to the availability of DBE firms in those areas when soliciting for DBE participation. 11. _x__ ___ Documenting the basis for rejecting DBE bids. In cases where the bidder determines the DBE to be unqualified, supporting evidence used to make the determination must be provided. Attachment number 6Page 84 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 85 CORPORATE CERTIFICATE I, ______________________________ certify that I am the Secretary of the corporation named as Contractor in the attached Contract; that _______________________________ who signed said Contract on behalf of the Contractor was then _____________________ of said corporation; that said proposal was duly signed for and in behalf of said corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said corporation is organized under the laws of the State of _________________________. This ____ day of _______________,2005 Corporate Secretary:______________________________________ (name signed) ________________________________________ (name printed or typed) (SEAL) Attachment number 6Page 85 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 86 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ____________________ County of ____________ I, ________________________________ being first duly sworn, deposes and says that: He or she is _______________________ of___________________, the Bidder that has submitted the attached Bid: He or she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid. Such Bid is genuine and is not a collusive or sham Bid; Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Augusta or any person interested in the proposed Contract; and Continued to the next page Attachment number 6Page 86 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 87 The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. BIDDER:________________________________ By:_____________________________________ (name signed) ________________________________________ (name printed or typed) Date:____________________________________ Subscribed and sworn to me this ____ day of _________________, 2005 NOTARY PUBLIC: _____________________________ (name signed) ______________________________________________ (name printed or typed) Commission Expires: ____________________________ (SEAL) Attachment number 6Page 87 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 88 NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR State of______________________________ County of I, ________________________________ being first duly sworn, deposes and says that: 1. He or she is ___________________________________________________ (Owner, Partner, Officer. Representative, or Agent) of ________________________________, hereinafter referred to as the “Subcontractor”; 2. He or she is fully informed respecting the preparation and contents of the Subcontractor’s Proposal submitted by the Subcontractor to _____________ the Contractor for certain work in connection with the _________________________ Contract pertaining to the Project in _____________________________ 3. Such Subcontractor’s Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the Subcontractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Proposal in connection with such Contract or to refrain from submitting a Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Bidder, firm or person to fix the price or prices in said Subcontractor’s Proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against Augusta-Richmond County or any person interested in the proposed Contract; and 5. The price or prices quoted in the Subcontractor’s Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) ______________________________________ (Title)________________________________________ Subscribed and Sworn to before me this _________ day of _________, 2005 ________________________________________ ________________________________________ (Title) My commission expires __________________________ (Date) (SEAL) Attachment number 6Page 88 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 89 NOTICE OF AWARD To: Mark Odekirk – Advanced Disposal Services Augusta, LLC 5734 Columbia Road Grovetown, GA. 30813 Project Description: “Solid Waste Collections Contract” The Owner has considered the Bid submitted by you for the above-described work in response to its Invitation to Bid and Information from Bidders. You are hereby notified that your Bid has been accepted for items in the amount determined by the contract based on the financial bids submitted for this contract, which will become a part of this Contract as Exhibit B, C, and D. You are required by the Information for Bidders/Contract Documents to execute the Agreement and furnish the required Contractor’s Performance Bond, Payment Bond, and certificates of insurance within fifteen (15) calendar days prior to the start date of the contract. However, in any case a “Notice to Proceed” will not be given until the above mentioned items are received. Early delivery of said documents will expedite the contracting process. Augusta recommends submission of the required bonds and insurance with the executed “Notice of Award”. These items may have an effective date of January 1, 2006. If you fail to execute said Contract within thirty (30) days from the date of this Notice, Augusta will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as abandoned and such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the County. Dated this 10th day of October, 2005. Augusta-Richmond County_____________________________ By:_________________________________________________ Name and Title: Geri Sams, Director of Procurement_________ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by __________________ this the _____ day of __________________,2005. By: _____________________________________________ Name and Title: _____________________________________ Attachment number 6Page 89 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 90 NOTICE TO PROCEED To: Mark Odekirk – Advanced Disposal Services Augusta, LLC 5734 Columbia Road Grovetown, GA. 30813 Project Description: “Solid Waste Collections Contract” You are hereby notified to commence work in accordance with the contract dated _______________, 2005, on or before January 1,2006 and you are to comply with all terms, conditions, provisions, etc. as identified in the executed Contract. Dated this ______day of___________________________,2005. Augusta Richmond County___________________ By: _____________________________________ Name and Title:____________________________ ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by________________ this the _____ day of ___________________, 2005. By:__________________________________________ Name and Title:________________________________ Attachment number 6Page 90 of 91 PDFConvert.14363.1.2010 Solid Waste Collections Contract - Advanced.doc 91 CERTIFICATE OF AUGUSTA’S ATTORNEY I, the undersigned, Stephen E. Shepard, the duly authorized and acting legal representative of Augusta-Richmond County, do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. ____________________________ (Signature) Date:________________________ End of Contract Attachment number 6Page 91 of 91 Engineering Services Committee Meeting 12/13/2010 1:10 PM Property Condemnation – Permanent and Temporary Construction Easements; Property Owner – Fred C. Campbell. Project: 60106 – Butler Creek Interceptor Upgrade, West. PIN: 094-0-376-00-0. Address: 3232 Amanda Circle. Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement for 60106 – Butler Creek Interceptor Upgrade, West. PIN: 094-0-376-00- 0. Address: 3232 Amanda Circle. Background:The City has been unable to reach agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further delays, it is necessary to acquire and condemn a portion of the subject property interests. The required property interests consist of a permanent easement of 2,414 square feet and temporary easement of 1,171 square feet for subject property. The appraised value of the easements is $663.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered within the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT:_______ J/L 80360106-5411120 G/L 511043420-5411120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Engineering Services Committee Meeting 12/13/2010 1:10 PM Property Condemnation – Right of Way, Permanent Easement and Temporary Easement – EKA Nobel, Inc. property owner; Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent easement and temporary easement for the Marvin Griffin Road Improvement Project, (Parcel 134-0-007-00-0) 1616 Marvin Griffin Road. Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 10,573 square feet of right of way, 160 square feet of permanent easement, and 3,600square feet of temporary easement. The appraised value is $7,800.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FOLLOWING ACCOUNT: General Ledger 323-04-1110-54.11120 Job Ledger No. 296823603-54.11120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Engineering Services Committee Meeting 12/13/2010 1:10 PM Property Condemnation – Right of Way, Permanent Easement and Temporary Easement – The Procter & Gamble Manufacturing Co., property owner; Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent easement and temporary easement for the Marvin Griffin Road Improvement Project, (Parcel 134-0-005-00-0) 3464 Mike Padgett Highway. Background:Despite repeated efforts, the City has been unable to negotiate an agreement to acquire this property with the onwer and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 76,249 square feet of right of way, 93,624 square feet of permanent easement, and 6,826 square feet of temporary easement. The appraised value is $164,037.45. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNT: General Ledger 323-04-1110-54.11120 Job Ledger No. 2968236303- 54.11120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 5 Attachment number 1Page 2 of 5 Attachment number 1Page 3 of 5 Attachment number 1Page 4 of 5 Attachment number 1Page 5 of 5 Engineering Services Committee Meeting 12/13/2010 1:10 PM RSPD - Add Two Levels Department:Public Services Department - Facilities Management Caption:Approve addition of 2 levels to the existing design for the Reynolds Street Parking Deck. Background:Add 2 - Levels to the existing design. We have solicited proposals from the CM@Risk and the A/E to add two (2) more levels to the Reynolds Street Parking Deck which is currently under construction at the corner of Reynolds Street and James Brown Boulevard. There is $10 million in the current total project budget for this project. We have estimated the total cost for the current design (which is four (4) levels) will be $8.8 million, which is a savings of $1.2 million. We estimate the total project budget cost to add two (2) additional levels onto the current design would be $3.369 million, if it was to be added to the scope of work now instead of later. If we wait until the current project is completed, then come back and add the two (2) levels later, it will cost at least $4 million, or an additional $800,000. Analysis:SEE ATTACHED SIDE BY SIDE COMPARISON If we do this now instead of later: • We will increase the number of parking spaces from 450 to 650 for a net increase of 200 spaces. • Additional funding of $2.169 Million (along with the $1.2 Million in savings from the current design) is the most inexpensive way to add 200 more spaces to the deck. • If we wait until later this will add at least $800,000 to the cost because of remobilization, escalation, and the costs for modifications to the existing deck to add the two-levels later. • Waiting until later will require the roof level to be closed for about three months so that the two-level addition can be constructed. During this time approximately 100 spaces will be unavailable for parking. • Another 200 spaces will be available for special events in the area. • The additional 200 spaces will generate additional revenue. Financial Impact:Adding the 2 levels to the existing parking deck design will add $3.369 Million to the Total Project Budget. There are $1.2 Million in funds available in the budget. An additional $2.169 Million in funding will need to be added to the Total Project Budget Alternatives:1) Approve addition of 2-levels to the existing Reynolds Street Parking Deck design. 2) Reject the addition of 2-levels to the existing Reynolds Street Parking Deck design. Recommendation:Approve the addition of 2-levels to the existing Reynolds Street Parking Deck. Cover Memo Funds are Available in the Following Accounts: SPLOST Phase V Fund Balance REVIEWED AND APPROVED BY: Finance. Procurement. Public Services Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Here is a side‐by‐side comparison of the two schemes: Current Design (4-Levels) Revised Design (6-Levels) Difference Parking Spaces 450 650 +200 Total Project Budget $8.8 Million $12.169 Million $3.369 Million Current Funding $10 Million $0 $2.168 Million Attachment number 1Page 1 of 1 December 2, 2010 Mr. Forest White via email Heery International, Inc 501 Greene Street, Suite 307 Augusta, GA 30901 Re: Reynolds Street Parking Deck Budget for Two Additional Levels Dear Mr. White: We are pleased to offer a budget for the two level vertical expansion at the Reynolds Street Parking Deck in Augusta, Georgia. The budget price for the two level vertical expansion is (Two Million Nine Hundred Seventy-Four Thousand, Six Hundred Twenty-Six Dollars). This price is based on performing this work concurrently with the original design. We have provided a detailed cost breakdown and projected schedule dated December 2, 2010 for your review. This budget is based on the following assumptions & clarifications: x The current project will be put on hold until after the December 21, 2010 committee meeting. This would allow a decision to be made before the subcontractor starts erecting the precast based on the current design. x R.J. Griffin & Company needs to be notified by Wednesday, December 8, 2010 if work shall stop until a decision is made by the committee meeting. This needs to occur as the precast subcontractor has started fabrication on the current design and is scheduled to start erecting the precast panels on December 13, 2010. x Based on the discussions with the architect we have allowed (2) months for TVS and Studio 3 to develop the new design. x If the current project is put on hold and the City of Augusta doesn’t elect to move forward with the vertical expansion, then the current project schedule will be adjusted to reflect the “down time” and RJ Griffin shall be compensation accordingly. Upon review of this information, should you have any questions or comments, please feel free to call me at 706-722-3346. Thank you for the opportunity to provide your company with our services. Sincerely, Chris Huneycutt Project Manager Cc: Jacques Ware, Heery Jarrett Keim, RJ Griffin & Company Chris Adams, RJ Griffin & Company Attachment number 2Page 1 of 3 Print Date: 12/2/2010 Print Time: 6:07 PM 12-2-2010 Budget Add (2) Levels After Completion of Org. Design.xls, GENERAL SUMMARY SHEET 10054000 12/2/2010 GM Parking Deck Two Level Vertical Expansion Augusta , Ga 22.00 City of Augusta 77,200 sf 0 Studio 3 $38.53 4,910.00 $0 $0 $175,019 $175,019 $2.27 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $221,500 $221,500 $2.87 $0 $0 $0 $0 $0.00 $0 $0 $21,000 $21,000 $0.27 $0 $0 $1,639,000 $1,639,000 $21.23 $0 $0 $4,000 $4,000 $0.05 $0 $0 $10,000 $10,000 $0.13 $0 $0 $66,044 $66,044 $0.86 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $25,000 $25,000 $0.32 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $11,175 $11,175 $0.14 $0 $0 $27,500 $27,500 $0.36 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $210,756 $210,756 $2.73 $0 $0 $0 $0 $0.00 $0 $0 $22,000 $22,000 $0.28 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $16,000 $16,000 $0.21 $0 $0 $2,500 $2,500 $0.03 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $1,500 $1,500 $0.02 $0 $0 $0 $0 $0.00 $0 $0 $7,500 $7,500 $0.10 $0 $0 $5,000 $5,000 $0.06 $0 $0 $42,000 $42,000 $0.54 $0 $0 $38,300 $38,300 $0.50 $0 $0 $10,000 $10,000 $0.13 $0 $0 $20,000 $20,000 $0.26 $0 $0 $129,300 $129,300 $1.67 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $0 $0 $0.00 $0 $0 $2,705,094 $2,705,094 $35.04 Sales Tax 7.00% $0 $0.00 Payroll Taxes 36.10% $0 $0.00 Insurance, Permits & Fees $77,647 $1.01 Contingency 2% $55,654 $0.72 $36.77 P & P Bond $21,822 $0.28 $37.05 Fee 4.00% $114,409 $1.48 $38.53 ADJUSTMENT $0 $0.00 Attachment number 2Page 2 of 3 Act ID Description Orig Dur Rem Dur Early Start Early Finish 2010 DEC 2011 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1010 RJG to Submit Budget 0 0 03DEC10 * 1090 RJG to "Stand Down"15d 15d 08DEC10 * 28DEC10 1120 City Council Meeting 0 0 21DEC10 * 1020 Release Design Drawings 0 0 24DEC10 1030 TVS Design 20d 20d 24DEC10 20JAN11 1100 City to Release Design 0 0 24DEC10 * 1110 Studio 3 Design 15d 15d 21JAN11 10FEB11 1040 Metromont Design Time 15d 15d 28JAN11 17FEB11 1060 Pricing of Drawings 15d 15d 11FEB11 03MAR11 1050 Submittal Review 10d 10d 18FEB11 03MAR11 1070 Heery & City to Review Cost 10d 10d 04MAR11 17MAR11 1080 Fabrication of Precast 15d 15d 18MAR11 07APR11 1140 Precast Erection 60d 60d 01APR11 23JUN11 1160 Complete Building 40d 40d 24JUN11 19AUG11 RJG to Submit Budge RJG to "Stand Down" City Council Meeting Release Design Drawings TVS Design City to Release Design Studio 3 Design Metromont Design Time Pricing of Drawings Submittal Review Heery & City to Review Cost Fabrication of Precast Precast Erection Complete Building BASED ON THIS SCHEDULE NO PRECAST PANELS WILL BE INSTALLED UNTIL NEW DESIGN IS COMPLETE Start date 03DEC10 Finish date 19AUG11 Data date 03DEC10 Run date 02DEC10 Page number 1A © Primavera Systems, Inc. RJ Griffin & Company Add (2) Levels Early bar Progress bar Critical bar Summary bar Start milestone point Finish milestone point Attachment number 2Page 3 of 3 Engineering Services Committee Meeting 12/13/2010 1:10 PM Sheriff's ADmin - Increase Total Project Budget Department:Public Services Department - Facilities Management Division Caption:Approve $2,303,729.00 in additional funding for the Augusta, Georgia Sheriff’s Office Building from cost savings realized on the Augusta Judicial Center. Background:The original Project Budget was set at $8,375,000.00. A careful analysis of the Sheriff’s Department needs was conducted which resulted in a detailed program. Based on this detailed program the Total Project Budget is currently $10,678,729.00. The Design Team and Construction Manager at Risk are both on board and the project is tracking on the Total Project Budget. Analysis:Both the Project Design Team and the Construction Manager at Risk were asked to take a look at the program and design to see if there were any cost savings. Both came back with the same answer. The Total Project Budget could not be reduced without major reductions in the Sheriff’s Program and a sacrifice in quality or components that would increase long tern General Fund Operating costs. Financial Impact:With the Total Project Budget at $10,678,729.00 and $8,375,000.00 in the budget, an additional $2,303,729.00 will need to be added to the budget. Funding will be from cost savings realized on the Augusta Judicial Center. Alternatives:1) Approve $2,303,729.00 in additional funding for the Augusta, Georgia Sheriff’s Office Building from cost savings realized on the Augusta Judicial Center. 2) Reject the additional funding for the Augusta Georgia Sheriff’s Office Building Recommendation:Approve $2,303,729.00 in additional funding for the Augusta, Georgia Sheriff’s Office Building from cost savings realized on the Augusta Judicial Center. Funds are Available in the Following Accounts: SPLOST Phase V Fund Balance / Recapture REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Page 1 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Augusta Sheriff's Office Building Schematic Estimate Based on Reconciliation Meetings held on 11/12/2010 and 11/18/2010 Project name ASOB-08 Schematic Estimate Augusta GA Estimator GRL/WSS/JRC Job size 37181 sqft Bid date 11/15/2010 5:00 PM Report format Sorted by 'Group phase/Phase' 'Detail' summary Allocate addons Print item notes Attachment number 1Page 1 of 22 Page 2 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 01000.0 GENERAL REQUIREMENTS 01511.0 Temporary HVAC 01 Temporary Heating / Cooling Units 3.00 mnth - -- -1,800.00 /mnth 5,400 1,800.00 /mnth 5,400 Temporary HVAC 37,181.00 sqft 0.15 /sqft 5,400 0.15 /sqft 5,400 01710.0 Final Cleaning 01 Pre-Punch Building Cleaning 37,181.00 sqft - -- -0.07 /sqft 2,603 0.07 /sqft 2,603 02 Final Cleaning 37,181.00 sqft - -- -0.26 /sqft 9,667 0.26 /sqft 9,667 Final Cleaning 37,181.00 sqft 0.33 /sqft 12,270 0.33 /sqft 12,270 GENERAL REQUIREMENTS 37,181.00 sqft 0 0 0.48 /sqft 17,670 0.48 /sqft 17,670 02000.0 SITE CONSTRUCTION 02080.0 Hazardous Material Abate 01 Hazardous Material - Asbestos Abatement 0.00 lsum - -- -0.00 0 None Anticipated 02105.0 Site Engineering 01 Site Surveying & Staking During Construction 36.00 chrs - -- -130.00 /chrs 4,680 130.00 /chrs 4,680 Cost of Work per Clarification 1 02 Detention Pond As Built 0.00 lsum - -- -0.00 0 None Anticipated 04 Certified Final Property Survey 0.00 chrs - -- -0.00 0 None Included - By Owner if required 05 Site NPDES Monitoring 0.00 mnth - -- -0.00 0 By Owner Site Engineering 37,181.00 sqft 0.13 /sqft 4,680 0.13 /sqft 4,680 02210.0 Site Grading 01 Site Demolition - Asphalt Paving - Light Duty 8,688.00 sqyd - -- -5.21 /sqyd 45,264 5.21 /sqyd 45,264 01 Site Demolition - Asphalt Paving - Heavy Duty 384.00 sqyd - -- -5.71 /sqyd 2,193 5.71 /sqyd 2,193 01 Site Demolition - Concrete Sidewalks 49.00 cuyd - -- -42.33 /cuyd 2,074 42.33 /cuyd 2,074 01 Site Demolition - Concrete Curb and Gutter 46.00 cuyd - -- -58.30 /cuyd 2,682 58.30 /cuyd 2,682 01 Site Demolition - Fence 1,348.00 lnft - -- -2.10 /lnft 2,831 2.10 /lnft 2,831 01 Site Demolition - Site Structures 1,432.00 sqft - -- -4.50 /sqft 6,444 4.50 /sqft 6,444 01 Site Demolition - Parking Lot Light Poles 0.00 each - -- - None Anticipated 01 Site Demolition - Sawcutting 1,694.00 lnft - -- -1.52 /lnft 2,575 1.52 /lnft 2,575 02 Site Utility Relocation 0.00 lsum - -- -0.00 0 None Anticipated 03 Site Clearing & Grubbing 0.00 acre - -- -0.00 0 None Anticipated 04 Strip & Stockpile Topsoil 0.00 cyds - -- -0.00 0 None Anticipated 05 Cut & Fill 0.00 cyds - -- -0.00 0 None Anticipated 06 Fill Imported Soils - from Offsite 1,484.00 cyds - -- -12.17 /cyds 18,060 12.17 /cyds 18,060 Based on 1'-0" fill at Building Area Only 06 Import Topsoil 360.00 cyds - -- -14.50 /cyds 5,220 14.50 /cyds 5,220 Based on 6" Deep 07 Spread Topsoil @ Bulk Landscape Areas 360.00 cuyd - -- -3.25 /cuyd 1,170 3.25 /cuyd 1,170 08 Backfill Curbs 1,421.00 lnft - -- -1.05 /lnft 1,492 1.05 /lnft 1,492 09 Backfill Sidewalks 1,392.00 lnft - -- -1.05 /lnft 1,462 1.05 /lnft 1,462 10 Backfill Walls - Machine 0.00 cuyd - -- -0.00 0 None Anticipated 11 Finish Grading 1.00 lsum - -- -3,500.00 /lsum 3,500 3,500.00 /lsum 3,500 12 Hand Backfill @ Foundation Walls 0.00 cuyd - -- -0.00 0 Attachment number 1Page 2 of 22 Page 3 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 02210.0 Site Grading None Anticipated Site Grading 37,181.00 sqft 2.554/sqft 94,967 2.554/sqft 94,967 02211.0 Finish Site Grading/Bobca 01 General Site Skid Loader Work 0.00 hour - -0.00 0 0.00 0 See Division 6 - Construction Equipment & Rental 02215.0 Erosion Control 01 Construction Entrance 1.00 each - -- -2,600.00 /each 2,600 2,600.00 /each 2,600 02 Top Dress Construction Entrance 1.00 each - -- -325.00 /each 325 325.00 /each 325 03 Temporary Roads 186.00 tons - -16.05 /tons 2,985 - -16.05 /tons 2,985 Cost of Work per Clarification 1 04 Siltation Fence 1,377.00 lnft - -- -2.65 /lnft 3,649 2.65 /lnft 3,649 05 Tree Protection Fencing 0.00 lnft - -- - None Anticipated 06 Sediment Traps for Storm Inlets 5.00 each - -- -385.00 /each 1,925 385.00 /each 1,925 07 Silt Fence Maintenance 1,377.00 lnft - -- -1.15 /lnft 1,584 1.15 /lnft 1,584 08 Temporary Grassing 0.45 acre - -- -1,370.00 /acre 617 1,370.00 /acre 617 09 Erosion Control Matting for Slopes 0.00 allo - -- - None Anticipated 10 Rip Rap Stone 0.00 ton - -- - Included in Storm Drainage 11 Check Dams 0.00 each - -- - None Anticipated Erosion Control 37,181.00 sqft 0.08 /sqft 2,985 0.29 /sqft 10,699 0.37 /sqft 13,684 02240.0 Soil Stabilization --Building Foundation Underdrain System 0.00 lsum - -- - None Anticipated 02280.0 Soil Treatment 01 Soil Poisoning 18,490.00 sqft - -- -0.05 /sqft 925 0.05 /sqft 925 Soil Treatment 37,181.00 sqft 0.03 /sqft 925 0.03 /sqft 925 02370.0 Intermediate Foundations 01 Deep / Intermediate Foundations 0.00 lsum - -- -0.00 0 None Anticipated 02505.0 Granular Paving 01 Porous Paving 0.00 lsum - -- - None Anticipated 02510.0 Asphaltic Concrete Paving 01 Medium Duty Asphalt 6/2/1 4,048.00 sqyd - -- -20.65 /sqyd 83,591 20.65 /sqyd 83,591 02 Heavy Duty Asphalt 8/3/1.5 431.00 sqyd - -- -21.80 /sqyd 9,396 21.80 /sqyd 9,396 02 Overlay Existing Asphalt Paving 0.00 lsum - -- -0.00 0 None Anticipated 02 Blackout Existing Striping 1,905.00 sqft - -- -0.20 /sqft 381 0.20 /sqft 381 03 GAB Under Curb & Gutter 165.00 tons - -0.00 0 18.50 /tons 3,053 18.50 /tons 3,053 04 Pressure Wash - Asphalt Paving 40,312.00 sqft - -- -0.03 /sqft 1,209 0.03 /sqft 1,209 Asphaltic Concrete Paving 37,181.00 sqft 2.63 /sqft 97,630 2.63 /sqft 97,630 02515.0 Unit Pavers 01 Unit Pavers 0.00 sqft - -- -0.00 0 Changed to Stamped Conrete during Reconciliation Meeting on 11/12/2010. 02521.0 Concrete Curb & Gutter 01 Concrete Curb & Gutter - Standard 30"783.00 lnft - -- -10.00 /lnft 7,830 10.00 /lnft 7,830 01 Concrete Curb & Gutter - Standard 24"1,500.00 lnft - -- -8.75 /lnft 13,125 8.75 /lnft 13,125 02 H/C Ramps 8.00 each - -- -375.00 /each 3,000 375.00 /each 3,000 03 Catch Basin Throat and Top 2.00 each - -- -760.00 /each 1,520 760.00 /each 1,520 04 Concrete Flumes 0.00 lnft - -- -0.00 0 None Anticipated 06 Pressure Wash - Concrete Curb & Gutter 2,387.00 lnft - -- -0.18 /lnft 430 0.18 /lnft 430 Attachment number 1Page 3 of 22 Page 4 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount Concrete Curb & Gutter 37,181.00 sqft 0.70 /sqft 25,905 0.70 /sqft 25,905 02580.0 Pavement Marking 02 Paint Parking Spaces 86.00 each - -- -7.70 /each 662 7.70 /each 662 02 Standard Paint Parking Centerline 284.00 lnft - -- -0.45 /lnft 128 0.45 /lnft 128 02 Standard Paint Double Centerline 250.00 lnft - -- -0.90 /lnft 225 0.90 /lnft 225 03 H/C Spaces and Signage 4.00 each - -- -330.00 /each 1,320 330.00 /each 1,320 04 Directional Arrows 4.00 each - -- -7.50 /each 30 7.50 /each 30 05 Stop Bars 4.00 each - -- -28.00 /each 112 28.00 /each 112 05 Thermoplastic Cross Walk 1,147.00 sqft - -- -1.58 /sqft 1,812 1.58 /sqft 1,812 06 Precast Parking Bumpers @ Spaces Adjacent to Sidewalks 3.00 each - -- -45.00 /each 135 45.00 /each 135 Pavement Marking 37,181.00 sqft 0.12 /sqft 4,424 0.12 /sqft 4,424 02610.0 Site Concrete 01 Concrete Paving - HVAC Equipment Pad 187.00 sqft - -2.42 /sqft 452 1.50 /sqft 281 3.92 /sqft 733 02 Dumpster Pad 353.00 sqft - -2.42 /sqft 854 1.50 /sqft 530 3.92 /sqft 1,383 03 Concrete Sidewalks 5,997.00 sqft - -1.21 /sqft 7,251 1.50 /sqft 8,996 2.71 /sqft 16,246 03 Concrete Paving - Stamped Concrete in lieu of Unit Pavers at Walton Way Handicap Parking 2,980.00 sqft - -3.32 /sqft 9,885 7.13 /sqft 21,247 10.45 /sqft 31,132 03 Concrete Sidewalks - Stamped Concrete in lieu of Unit Pavers at Main Entry 1,399.00 sqft - -1.37 /sqft 1,916 7.13 /sqft 9,975 8.50 /sqft 11,891 04 Transformer Pad 100.00 sqft - -2.42 /sqft 242 1.50 /sqft 150 3.92 /sqft 392 05 HVAC Equipment Yard 497.00 sqft - -1.21 /sqft 601 1.50 /sqft 746 2.71 /sqft 1,346 06 Concrete Foundation for Monumental Sign 5.00 cyds - -94.16 /cyds 471 15.00 /cyds 75 109.16 /cyds 546 07 Reinforcing Wire Mesh @ Concrete Paving and Pads - Dumpster Enclosure 12.00 shts - -17.66 /shts 212 16.00 /shts 192 33.66 /shts 404 07 Concrete Subcontractor - Excavate Continuous Footings - Dumpster Enclosure 33.00 lnft - -6.50 /lnft 215 6.50 /lnft 215 07 Concrete Subcontractor - Place Rebar @ Continuous Footing - Dumpster Enclosure 33.00 lnft - -2.25 /lnft 74 2.25 /lnft 74 07 Concrete Subcontractor - Place Concrete @ Continuous Footing - Dumpster Enclosure 33.00 lnft - -4.00 /lnft 132 4.00 /lnft 132 07 Concrete Subcontractor - Form Slab Edge @ Turn Down - Dumpster Enclosure 33.00 lnft - -5.75 /lnft 190 5.75 /lnft 190 07 Concrete Subcontractor - Remove Spoils @ Footprint - Dumpster Enclosure 33.00 lnft - -4.60 /lnft 152 4.60 /lnft 152 07 Concrete Materials - Dumpster Enclosure 2.91 cyds - -94.16 /cyds 274 94.16 /cyds 274 07 Reinforcing Steel @ Footings - Dumpster Enclosure 0.18 tons - -914.833/tons 165 914.833/tons 165 Labor included in Concrete Subcontractor 08 Pressure Wash Sidewalks and Flatwork 11,226.00 sqft - -- -0.08 /sqft 898 0.08 /sqft 898 Site Concrete 37,181.00 sqft 0.60 /sqft 22,322 1.18 /sqft 43,851 1.78 /sqft 66,172 02660.0 Water Distribution 01 Fire System - 6" DIP Water Line 258.00 lnft - -- -24.50 /lnft 6,321 24.50 /lnft 6,321 02 Fire System - 6" DIP / BFP & Vault 1.00 lsum - -- -14,500.00 /lsum 14,500 14,500.00 /lsum 14,500 03 Fire System - 6" Post Indicator Valve 1.00 each - -- -1,500.00 /each 1,500 1,500.00 /each 1,500 04 Fire System - Fire Hydrant 1.00 each - -- -2,100.00 /each 2,100 2,100.00 /each 2,100 05 Fire System - Jack & Bore Highway 0.00 lnft - -- -0.00 0 None Anticipated 06 Fire System - Fire Department Connection 1.00 each - -- -1,575.00 /each 1,575 1,575.00 /each 1,575 07 Fire System - Testing / Chlorination & Clean Up 258.00 lnft - -- -0.98 /lnft 253 0.98 /lnft 253 08 Fire System - Fire Main Tapping Sleeve and Valve 1.00 each - -- -4,750.00 /each 4,750 4,750.00 /each 4,750 08 Fire System - Fire Main Tap Fee 0.00 lsum - -- -0.00 0 Anticipated By Owner 09 Water System - 2" Copper Domestic Water Line 265.00 lnft - -- -16.50 /lnft 4,373 16.50 /lnft 4,373 10 Water System - 2" Back Flow Preventor In Box 1.00 lsum - -- -1,600.00 /lsum 1,600 1,600.00 /lsum 1,600 11 Water System - Domestic Water Tap Fee 0.00 lsum - -- -0.00 0 Anticipated By Owner 12 Water System - Domestic Water Meter 0.00 lsum - -- -0.00 0 Anticipated By Owner 12 Water System - Domestic Water Impact Fees 0.00 lsum - -- -0.00 0 Anticipated By Owner 13 Water System - Testing / Chlorination & Clean Up 265.00 lnft - -- -0.98 /lnft 260 0.98 /lnft 260 14 Fire and Water System - Concrete Thrust Blocks 5.00 cyds - -- -110.00 /cyds 550 110.00 /cyds 550 Attachment number 1Page 4 of 22 Page 5 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount Water Distribution 37,181.00 sqft 1.02 /sqft 37,781 1.02 /sqft 37,781 02685.0 Gas Distribution Systems 01 Gas Line 0.00 lnft - -- - Anticipated By Owner 02 Gas Meter 0.00 lsum - -- - Anticipated By Owner 02710.0 Subdrainage Systems 01 Rain Water Deployment Piping 349.00 lnft - -- -16.50 /lnft 5,759 16.50 /lnft 5,759 02 Rain Water Deployment Connector Boots 7.00 each - -- -350.00 /each 2,450 350.00 /each 2,450 03 Rain Water Deployment Connections @ Storm Sewer 1.00 each - -- -300.00 /each 300 300.00 /each 300 Subdrainage Systems 37,181.00 sqft 0.23 /sqft 8,509 0.23 /sqft 8,509 02720.0 Storm Sewerage 01 Single / Double Wing Catch Basin Top 0.00 each - -- - Included in Curb & Gutter 02 Storm Manhole Structure 18.00 vrft - -- -220.00 /vrft 3,960 220.00 /vrft 3,960 03 Storm Manhole Top, Ring & Cover 3.00 each - -- -510.00 /each 1,530 510.00 /each 1,530 03 Hooded Grate Inlet 1.00 each - -- -850.00 /each 850 850.00 /each 850 04 Storm Headwall 0.00 each - -- - None Anticipated 05 Storm Catch Basin Retrofit to New Elevation 1.00 each - -- -725.00 /each 725 725.00 /each 725 07 15" RCP 132.00 lnft - -- -32.43 /lnft 4,281 32.43 /lnft 4,281 07 18" RCP 6.00 lnft - -- -30.35 /lnft 182 30.35 /lnft 182 08 24" RCP 14.00 lnft - -- -36.58 /lnft 512 36.58 /lnft 512 12 Rip Rap Stone 0.00 tons - -- - None Anticipated 13 Concrete Inverts 4.00 each - -- -165.00 /each 660 165.00 /each 660 14 Outlet Control Structure 0.00 each - -- - None Anticipated 15 Piping, Gaskets, Couplings, Bands, Misc.152.00 lnft - -- -0.80 /lnft 122 0.80 /lnft 122 16 Final Clean Storm System 152.00 lnft - -- -0.65 /lnft 99 0.65 /lnft 99 16 Underground Detention Management System 0.00 each - -- - None Anticipted Storm Sewerage 37,181.00 sqft 0.35 /sqft 12,920 0.35 /sqft 12,920 02730.0 Sanitary Sewer 01 6" DIP Sewer Line 40.00 lnft - -- -30.80 /lnft 1,232 30.80 /lnft 1,232 02 6" Clean Out 1.00 each - -- -450.00 /each 450 450.00 /each 450 03 Tie Into Existing Sewer Manhole 1.00 each - -- -1,350.00 /each 1,350 1,350.00 /each 1,350 04 Force Main Piping 0.00 lsum - -- - None Anticipated 04 Pump Station & Accessories 0.00 lsum - -- - None Anticipated 05 Testing & Clean Up 1.00 lsum - -- -350.00 /lsum 350 350.00 /lsum 350 06 Sanitary Sewer Tap Fee 0.00 lsum - -- - Anticipated By Owner 06 Sanitary Sewer Impact Fee 0.00 lsum - -- - Anticipated By Owner 07 Sewer Manhole Structures 0.00 vrft - -- -0.00 0 None Anticipated 08 Sewer Manhole Top, Ring & Cover 0.00 each - -- -0.00 0 None Anticipated 08 Sewer Manhole Top, Ring & Cover - adjust Existing Manhole 1.00 each - -- -510.00 /each 510 510.00 /each 510 Manhole at Walton Way at area of new Brick Pavers 09 Sanitary Sewer Jack and Bore 0.00 lnft - -- -0.00 0 Sanitary Sewer connection assumed at exisiting manhole at Walton Way. Sanitary Sewer 37,181.00 sqft 0.11 /sqft 3,892 0.11 /sqft 3,892 02801.0 Modular Retaining Walls 01 Site Modular Retaining Walls 0.00 lsum - -- - None Anticipated Attachment number 1Page 5 of 22 Page 6 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 02830.0 Fences 01 6ft Chain Link Fencing 466.00 lnft - -- -18.75 /lnft 8,738 18.75 /lnft 8,738 02 Wood Screen Gate @ Dumpster Enclosure 1.00 each - -- -875.00 /each 875 875.00 /each 875 02 Wood Screen Wall @ Back side of Mechanical Enclosure 0.00 lnft - -- -0.00 0 None Anticipated 02 Vinyl Chain link Security Gates @ Mechanical Yard 2.00 each - -- -185.00 /each 370 185.00 /each 370 02 Vinyl Chain link Security Gates 2.00 each - -- -620.00 /each 1,240 620.00 /each 1,240 02 Security Gate Operators 2.00 each - -- -5,800.00 /each 11,600 5,800.00 /each 11,600 Fences 37,181.00 sqft 0.614/sqft 22,823 0.614/sqft 22,823 02870.0 Site & Street Furnishings 01 Stop Signs 0.00 each - -- - None Anticipated 02 No Parking Signs 0.00 each - -- - None Anticipated 03 Fire Lane Parking Signs 0.00 each - -- - None Anticipated 04 Site Trash Cans 2.00 each - -411.95 /each 824 - -411.95 /each 824 05 Site Bike Racks 1.00 each - -909.50 /each 910 - -909.50 /each 910 06 Site Ash Urns 0.00 lsum - -- - None Anticipated 07 Site Benches 0.00 lsum - -- - None Anticipated 08 Site Tree Grates 0.00 lsum - -- - None Anticipated 09 Site Trench Drains 27.00 lnft - -80.25 /lnft 2,167 - -80.25 /lnft 2,167 Installed by onsite TPC Carpenter 09 Security Bollards at Main Entry 6.00 each - -80.25 /each 482 880.00 /each 5,280 960.25 /each 5,762 09 Planters at Main Entry - Allownace 1.00 ALLO - -13,696.00 /ALLO 13,696 13,696.00 /ALLO 13,696 Site & Street Furnishings 37,181.00 sqft 0.49 /sqft 18,078 0.142/sqft 5,280 0.63 /sqft 23,358 02900.0 Landscaping 01 Landscaping - Tree Allowance 23.00 each - -- -350.00 /each 8,050 350.00 /each 8,050 Based on 3" Caliper 02 Prep Areas for Mulch Beds & Sod 18,508.00 sqft - -- -0.02 /sqft 370 0.02 /sqft 370 04 Irrigation System - Allowance 1.00 lsum - -- -5,500.00 /lsum 5,500 5,500.00 /lsum 5,500 05 Irrigation Meter Box and BFP 1.00 lsum - -- -1,750.00 /lsum 1,750 1,750.00 /lsum 1,750 06 Irrigation System Sleeves 656.00 lnft - -- -4.85 /lnft 3,182 4.85 /lnft 3,182 07 Shrubs and Seasonal Color Plants - Allowance 1.00 lsum - -- -4,500.00 /lsum 4,500 4,500.00 /lsum 4,500 08 Mulch Beds 5,420.00 sqft - -- -0.22 /sqft 1,192 0.22 /sqft 1,192 08 Sod - Bermuda 13,088.00 sqft - -- -0.42 /sqft 5,497 0.42 /sqft 5,497 Landscaping 37,181.00 sqft 0.81 /sqft 30,041 0.81 /sqft 30,041 SITE CONSTRUCTION 37,181.00 sqft 0 1.17 /sqft 43,385 10.88 /sqft 404,325 12.041/sqft 447,710 03000.0 CONCRETE 03055.0 S.O.G. Pourous Fill 01 Stone Fill Under Slab 339.00 tons - -14.45 /tons 4,897 5.00 /tons 1,695 19.45 /tons 6,592 S.O.G. Pourous Fill 37,181.00 sqft 0.132/sqft 4,897 0.05 /sqft 1,695 0.18 /sqft 6,592 03210.0 Reinforcing Steel 01 Concrete Reinforcement Bars 19.16 tons - -914.85 /tons 17,529 - -914.85 /tons 17,529 04 Wire Mesh 253.00 shts - -17.66 /shts 4,467 - -17.66 /shts 4,467 Attachment number 1Page 6 of 22 Page 7 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount Reinforcing Steel 37,181.00 sqft 0.592/sqft 21,995 0.592/sqft 21,995 03250.0 Concrete Accessories 01 Vapor Barrier Under Slab 18,490.00 sqft - -0.42 /sqft 7,716 - -0.42 /sqft 7,716 03 Curing Compound 18,490.00 sqft - -0.021/sqft 396 - -0.021/sqft 396 04 Grout Material @ Base Plates 45.00 bags - -14.884/bags 670 - -14.884/bags 670 Concrete Accessories 37,181.00 sqft 0.24 /sqft 8,781 0.24 /sqft 8,781 03300.0 Cast in Place Concrete 01 Concrete Subcontractor - Set Batter Boards 18,490.00 sqft - -- -0.08 /sqft 1,479 0.08 /sqft 1,479 02 Concrete Subcontractor - Excavate Spread Footings 45.00 each - -- -235.00 /each 10,575 235.00 /each 10,575 03 Concrete Subcontractor - Place Rebar @ Spread Footings 45.00 each - -- -110.16 /each 4,957 110.16 /each 4,957 04 Concrete Subcontractor - Place Concrete @ Spread Footings 160.35 cyds - -- -26.28 /cyds 4,214 26.28 /cyds 4,214 05 Concrete Subcontractor - Excavate Continuous Footings 526.00 lnft - -- -7.20 /lnft 3,787 7.20 /lnft 3,787 06 Concrete Subcontractor - Place Rebar @ Continuous Footing 526.00 lnft - -- -4.32 /lnft 2,272 4.32 /lnft 2,272 07 Concrete Subcontractor - Place Concrete @ Continuous Footing 526.00 lnft - -- -7.20 /lnft 3,787 7.20 /lnft 3,787 08 Concrete Subcontractor - Form Slab Edge @ Turn Down 699.00 lnft - -- -9.36 /lnft 6,543 9.36 /lnft 6,543 09 Concrete Subcontractor - Fine Grade Slab 18,490.00 sqft - -- -0.17 /sqft 3,143 0.17 /sqft 3,143 10 Concrete Subcontractor - Place Stone @ Slab 18,490.00 sqft - -- -0.23 /sqft 4,253 0.23 /sqft 4,253 11 Concrete Subcontractor - Place Vapor Barrier @ Slab 18,490.00 sqft - -- -0.07 /sqft 1,294 0.07 /sqft 1,294 12 Concrete Subcontractor - Place Wire Mesh @ Slab 18,490.00 sqft - -- -0.17 /sqft 3,143 0.17 /sqft 3,143 13 Concrete Subcontractor - Place & Finish Slab 18,490.00 sqft - -- -0.84 /sqft 15,532 0.84 /sqft 15,532 14 Concrete Subcontractor - Place Cure & Seal @ Slab 18,490.00 sqft - -- -0.08 /sqft 1,479 0.08 /sqft 1,479 15 Concrete Subcontractor - Place Wire Mesh @ Elevated Slab 18,112.00 sqft - -- -0.17 /sqft 3,079 0.17 /sqft 3,079 16 Concrete Subcontractor - Place & Finish Elevated Slab 18,112.00 sqft - -- -0.95 /sqft 17,206 0.95 /sqft 17,206 17 Concrete Subcontractor - Place Cure & Seal @ Elevated Slab 18,112.00 sqft - -- -0.08 /sqft 1,449 0.08 /sqft 1,449 18 Concrete Subcontractor - Place & Finish Stairs & Landing Interior 4.00 sets - -- -2,100.00 /sets 8,400 2,100.00 /sets 8,400 19 Concrete Subcontractor - Remove Spoils @ Building Footprint 256.970 cyds - -- -5.80 /cyds 1,490 5.80 /cyds 1,490 20 Concrete Subcontractor - Place Anchor Bolts & Templates 45.00 each - -- -88.00 /each 3,960 88.00 /each 3,960 21 Concrete Subcontractor - Form Column Blockouts 45.00 each - -- -85.00 /each 3,825 85.00 /each 3,825 22 Concrete Subcontractor - Pour Back Column Blockouts 45.00 each - -- -18.00 /each 810 18.00 /each 810 23 Concrete Subcontractor - Grout Base Plates 45.00 each - -- -14.00 /each 630 14.00 /each 630 24 Concrete Subcontractor - Form Elevator Pit - Single 2.00 each - -- -4,800.00 /each 9,600 4,800.00 /each 9,600 27 Concrete Subcontractor - Saw Cut Slabs 18,490.00 sqft - -- -0.12 /sqft 2,219 0.12 /sqft 2,219 32 Concrete Materials 856.57 cyds - -94.16 /cyds 80,655 - -94.16 /cyds 80,655 Cast in Place Concrete 37,181.00 sqft 2.17 /sqft 80,655 3.204/sqft 119,128 5.373/sqft 199,782 03305.0 Concrete Pumping 01 Standard Pump Truck 786.36 cuyd - -- -13.00 /cuyd 10,223 13.00 /cuyd 10,223 Concrete Pumping 37,181.00 sqft 0.28 /sqft 10,223 0.28 /sqft 10,223 CONCRETE 37,181.00 sqft 0 3.13 /sqft 116,328 3.53 /sqft 131,045 6.653/sqft 247,374 Attachment number 1Page 7 of 22 Page 8 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 04000.0 MASONRY 04150.0 Masonry Accessories ----Perm-a-barrier Thru-wall Flashing with Stainless Steel Pan 0.00 lnft Included in veneer cost. ----2" Mortar Net at Thru-wall Flashing 0.00 lnft Included in veneer cost. 04200.0 Unit Masonry 01 Exterior Brick Veneer 133.520 thou - -- -1,850.00 /thou 247,012 1,850.00 /thou 247,012 03 Precast 1.00 lsum - -- -213,487.00 /lsum 213,487 213,487.00 /lsum 213,487 03 Precast Watertable 2,641.53 sqft - -- - Included in Precast 03 Precast Bullnose 297.96 lnft - -- - Included in Precast 03 Precast Pier 116.00 lnft - -- - Included in Precast 03 Precast Parapet Accent Trim 536.92 lnft - -- - Included in Precast 03 Precast Parapet Cap 586.91 lnft - -- - Included in Precast 03 Precast Window Sill at Entry 18.67 lnft - -- - Included in Precast 03 Precast Window Head at Entry 37.33 lnft - -- - Included in Precast 03 Precast Window Head 218.00 lnft - -- - Included in Precast 03 Precast HVAC Enclosure Cap 10.00 each - -- - Included in Precast Unit Masonry 37,181.00 sqft 12.39 /sqft 460,499 12.39 /sqft 460,499 04200.2 Unit Masonry - CMU Walls 101 8" CMU Block - Standard Block Wall (Grout 48" oc) 8,160.39 each - -7.75 /each 63,243 7.75 /each 63,243 101 8" Ground Face CMU Block - (Grout 48" oc)3,036.220 each - -10.45 /each 31,729 10.45 /each 31,729 101 8" CMU Block - Dumpster & Mechanical Yard Enclosure 1,836.93 each - -8.50 /each 15,614 8.50 /each 15,614 101 Set Security Hollow Metal Door Frames and Fill with 3000 psi Grout 4.00 each - -300.00 /each 1,200 300.00 /each 1,200 101 Set Hollow Metal Door Frames 14.00 each - -100.00 /each 1,400 100.00 /each 1,400 701 CMU Wall Vertical Reinforcement 1.88 tons - -960.59 /tons 1,806 - -960.59 /tons 1,806 Labor by Masonry Subcontractor 801 Rigid Insulation 20,560.30 sqft - -1.60 /sqft 32,896 1.60 /sqft 32,896 Unit Masonry - CMU Walls 37,181.00 sqft 0.05 /sqft 1,806 3.93 /sqft 146,082 3.98 /sqft 147,888 MASONRY 37,181.00 sqft 0 0.05 /sqft 1,806 16.314/sqft 606,581 16.363/sqft 608,387 05000.0 METALS 05120.0 Structural Steel 01 Structural Steel - Main Frame - Materials 178.00 tons - -- -1,275.00 /tons 226,950 1,275.00 /tons 226,950 01 Structural Steel - Main Frame - Erection 37,181.00 sqft - -- -4.65 /sqft 172,892 4.65 /sqft 172,892 01 Miscellenous Lintels, Embeds, and Steel Hoist Beams 37,181.00 sqft - -- -0.42 /sqft 15,616 0.42 /sqft 15,616 01 Miscellenous Wall Mounted Rails & Guard Rails 37,181.00 sqft - -- -0.28 /sqft 10,411 0.28 /sqft 10,411 01 Metal Pan Stairs - 2 flights 2.00 each - -- -2,800.00 /each 5,600 2,800.00 /each 5,600 01 Monutental Stairs @ Lobby 2.00 each - -- -4,100.00 /each 8,200 4,100.00 /each 8,200 01 Miscellenous Wall Mounted Rails & Guard Rails at Lobby 0.00 sqft - -- -0.00 0 Included in Ornamental Hand Rails Attachment number 1Page 8 of 22 Page 9 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 05120.0 Structural Steel ----Stainless Metal Grate System at Balcony 97.00 sqft - -- -50.00 /sqft 4,850 50.00 /sqft 4,850 Structural Steel 37,181.00 sqft 11.96 /sqft 444,518 11.96 /sqft 444,518 05720.0 Ornamental Handrails Rail 01 Decorative Picket Rail - Straight Run 59.00 lnft - -- -250.00 /lnft 14,750 250.00 /lnft 14,750 01 Decorative Picket Rail - on Slope 115.00 lnft - -- -250.00 /lnft 28,750 250.00 /lnft 28,750 01 Balcony Rail 16.00 lnft - -- -280.00 /lnft 4,480 280.00 /lnft 4,480 Ornamental Handrails Rail 37,181.00 sqft 1.29 /sqft 47,980 1.29 /sqft 47,980 METALS 37,181.00 sqft 0 0 13.25 /sqft 492,498 13.25 /sqft 492,498 06000.0 WOOD AND PLASTICS 06100.0 Rough Carpentry 01 On-Site TPC Carpenter 200.00 hour 38.35 /hour 7,670 - -- -38.35 /hour 7,670 02 Daily On Site Rough Clean Labor 1,536.00 hour - -14.00 /hour 21,504 14.00 /hour 21,504 Cost of Work per Clarification 1 03 Construction Equipment Rental & Fuel 48.00 week - -- -285.00 /week 13,680 285.00 /week 13,680 Cost of Work per Clarification 1 05 Rough Carpentry Material 37,181.00 sqft - -0.16 /sqft 5,968 - -0.16 /sqft 5,968 Labor By On Site TPC Forces See Book for Detailed Takeoffs 05 Temporary Weather Protection 37,181.00 sqft - -0.043/sqft 1,591 - -0.043/sqft 1,591 Labor By On Site TPC Forces See Book for Detailed Takeoffs Rough Carpentry 37,181.00 sqft 0.21 /sqft 7,670 0.203/sqft 7,559 0.95 /sqft 35,184 1.36 /sqft 50,413 200.00 Labor hours 06115.0 Sheathing 01 Hardi Plank Siding Subcontractor 0.00 lsum - -- - None Anticipated 06220.0 Millwork 01 Radius Built-in Bench - 1st Floor - 100 16.00 lnft - -- -410.00 /lnft 6,560 410.00 /lnft 6,560 Material of Bench TBD 01 Straight Built-in Bench - 1st Floor - 100 0.00 lnft - -- -0.00 0 Owner FF&E per meeting 11/18/2010 - to be included in Furniture Budget 01 Built-in Benches - 2nd Floor 0.00 lnft - -- - None Anticipated per Reconciliation Meeting on 11/12/2010 01 Wood Base Cabinets - 1st Floor 0.00 lnft - -- - None Anticipated per Reconciliation Meeting on 11/12/2010 01 Wood Base Cabinets - 2nd Floor - Sheriff's Suite - 200, 204 22.00 lnft - -- -350.00 /lnft 7,700 350.00 /lnft 7,700 01 Plastic Laminate Base Cabinet - 2nd Floor - Coffee Bar - 275 5.00 lnft - -- -250.00 /lnft 1,250 250.00 /lnft 1,250 01 Plastic Laminate Countertop - 2nd Floor - Coffee Bar - 275 5.00 lnft - -- -75.00 /lnft 375 75.00 /lnft 375 01 Casework at Break Rooms - 1st & 2nd Floors 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 - to be included in Furniture Budget 01 Casework at Work Room - 2nd Floor 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 - to be included in Furniture Budget 01 Casework at Warrant Office 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 - to be included in Furniture Budget 01 Casework at all Conference Rooms except Sheriff's Suite 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 - to be included in Furniture Budget 01 Metal Countertop with built-in Sink at Garage Area 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 - to be included in Furniture Budget 04 Solid Surface Counter w/ Plumbing Screen - 1st Floor - 119, 147 11.00 lnft - -- -110.00 /lnft 1,210 110.00 /lnft 1,210 Attachment number 1Page 9 of 22 Page 10 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 06220.0 Millwork 04 Solid Surface Counter w/ Plumbing Screen - 2nd Floor - 236, 264 11.00 lnft - -- -110.00 /lnft 1,210 110.00 /lnft 1,210 04 Solid Surface Transaction Top - 1st Floor - 123, 131, 175 13.00 lnft - -- -110.00 /lnft 1,430 110.00 /lnft 1,430 04 Solid Surface Transaction Top - 2nd Floor - 258 3.00 lnft - -- -110.00 /lnft 330 110.00 /lnft 330 04 Solid Surface Countertop - 2nd Floor - Sheriff's Suite - 200, 204 22.00 lnft - -- -110.00 /lnft 2,420 110.00 /lnft 2,420 04 Solid Surface Window Sills - 1st Floor 0.00 lsum - -- -0.00 0 None Anticipated 04 Solid Surface Window Sills - 2nd Floor 0.00 lsum - -- - None Anticipated 05 Integrated Solid Surface Sink Bowls - 119, 147 4.00 each - -- -450.00 /each 1,800 450.00 /each 1,800 05 Integrated Solid Surface Sink Bowls - 236, 264 4.00 each - -- -450.00 /each 1,800 450.00 /each 1,800 15 Hardwood Veneered Paneling - Vertical Columns @ Lobby Areas 2,500.00 sqft - -- -20.00 /sqft 50,000 20.00 /sqft 50,000 18 Stain Grade Interior Wood Base - 1st Floor 82.00 lnft - -- -14.52 /lnft 1,191 14.52 /lnft 1,191 18 Stain Grade Interior Wood Base - 2nd Floor 324.00 lnft - -- -14.52 /lnft 4,704 14.52 /lnft 4,704 18 Shelving 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 - to be included in Furniture Budget Millwork 37,181.00 sqft 2.21 /sqft 81,980 2.21 /sqft 81,980 06600.0 GFR Plastic Fabrications 01 Glass Fiber Reinforced Plastic - Columns 0.00 each - -- - None Anticipated 06650.0 Solid Polymer Surfaces 01 Manufactured Trim Urethane Subcontractor 0.00 lsum - -- - None Anticipated 02 Manufactured Trim PVC Subcontractor 0.00 lsum - -- - None Anticipated WOOD AND PLASTICS 37,181.00 sqft 0.21 /sqft 7,670 0.203/sqft 7,559 3.151/sqft 117,164 3.561/sqft 132,393 200.00 Labor hours 07000.0 THERMAL AND MOISTURE PROT 07100.0 Waterproofing 05 Waterproofing at Elevator Pit 2.00 each - -- -1,450.00 /each 2,900 1,450.00 /each 2,900 05 Waterproofing at Footing Along Perimeter of Building 2,393.00 sqft - -- -3.05 /sqft 7,299 3.05 /sqft 7,299 Waterproofing 37,181.00 sqft 0.274/sqft 10,199 0.274/sqft 10,199 07196.0 Air Infiltration System ----Fluid-Applied Air Barrier at Densglass Sheathing 20,560.30 sqft 2.55 /sqft 52,429 2.55 /sqft 52,429 ----Seal Joints at Densglass Sheathing 15,432.00 lnft 1.25 /lnft 19,290 1.25 /lnft 19,290 ----SS Flashing at Rough Openings 2,598.00 lnft 7.80 /lnft 20,264 7.80 /lnft 20,264 Air Infiltration System 37,181.00 sqft 2.474/sqft 91,983 2.474/sqft 91,983 07250.0 Fireproofing 01 Spray Applied Fire Proofing 3,086.00 sqft - -- -3.00 /sqft 9,258 3.00 /sqft 9,258 Anticipated at Structural Beams of One Hour Rated Rooms on First Floor only per Reconciliation Meeting on 11/12/2010 Fireproofing 37,181.00 sqft 0.25 /sqft 9,258 0.25 /sqft 9,258 07420.0 Composite Panels ----Exterior Metal Soffit Ceilings 0.00 sqft - -- -0.00 0 Changed to Stucco Soffit Ceilings during Reconciliation Meeting on 11/12/2010 Attachment number 1Page 10 of 22 Page 11 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 07510.0 Modified Bitumen Roofing 01 SBS Modified Bitumen Roof on 4" Rigid Insulation 19,184.78 sqft - -- -9.95 /sqft 190,889 9.95 /sqft 190,889 01 EPDM Roofing and Pavers at Balcony 0.00 sqft - -- -0.00 0 Changed to Stainless open grate system during Reconciliation Meeting on 11/12/2010. 01 Roof Walkway Pads 68.25 lnft - -- -5.00 /lnft 341 5.00 /lnft 341 02 Roof Hatch 2.00 each - -- -210.00 /each 420 210.00 /each 420 02 Prefinished Downspouts and Conductor Heads 225.00 lnft - -- -16.50 /lnft 3,713 16.50 /lnft 3,713 02 Kalwall Skylight System with Curbs 1.00 ALLO - -- -2,280.00 /ALLO 2,280 2,280.00 /ALLO 2,280 Modified Bitumen Roofing 37,181.00 sqft 5.32 /sqft 197,642 5.32 /sqft 197,642 07920.0 Sealants & Caulking 01 Exterior Joint Sealants & Caulking 20,560.30 sqft - -- -0.50 /sqft 10,280 0.50 /sqft 10,280 01 Fire Stopping 539.75 lnft - -- -9.25 /lnft 4,993 9.25 /lnft 4,993 01 Caulking at Precast Joints 2,098.470 lnft - -- -3.10 /lnft 6,505 3.10 /lnft 6,505 01 Security Sealants at Holding Cells 330.00 lnft - -- -6.00 /lnft 1,980 6.00 /lnft 1,980 01 Lift for Precast Caulking Access 1.00 lsum - -- -3,500.00 /lsum 3,500 3,500.00 /lsum 3,500 Sealants & Caulking 37,181.00 sqft 0.733/sqft 27,258 0.733/sqft 27,258 THERMAL AND MOISTURE PROT 37,181.00 sqft 0 0 9.05 /sqft 336,340 9.05 /sqft 336,340 08000.0 DOORS AND WINDOWS 08001.0 Doors, Frames, & Hardware 01 Doors, Frames & Hardware Installation 135.00 leaf - -- -185.00 /leaf 24,975 185.00 /leaf 24,975 03 Single HM Frame - Non Rated 56.00 each - -251.45 /each 14,081 - -251.45 /each 14,081 05 Single HM Frame - Fire Rated 19.00 each - -278.20 /each 5,286 - -278.20 /each 5,286 05 Double HM Frame - Non Rated 3.00 each - -315.65 /each 947 - -315.65 /each 947 05 Double HM Frame - Fire Rated 4.00 each - -347.75 /each 1,391 - -347.75 /each 1,391 05 HM Door Leaf - Single - Non Rated 5.00 leaf - -304.95 /leaf 1,525 - -304.95 /leaf 1,525 05 HM Door Leaf - Single - Fire Rated 27.00 leaf - -347.75 /leaf 9,389 - -347.75 /leaf 9,389 06 S/C Wood Door Leaf with Full Vision Glass - Single - Non Rated 103.00 leaf - -428.00 /leaf 44,084 - -428.00 /leaf 44,084 07 Finish Hardware - Interior at single door 101.00 each - -374.50 /each 37,825 - -374.50 /each 37,825 07 Finish Hardware - Interior at double door 2.00 each - -749.00 /each 1,498 - -749.00 /each 1,498 08 Finish Hardware - Panic Hardware - Single 12.00 each - -1,503.35 /each 18,040 - -1,503.35 /each 18,040 08 Finish Hardware - Panic Hardware - Double 6.00 each - -3,402.60 /each 20,416 - -3,402.60 /each 20,416 08 Finish Hardware - Secure Interior - Single 6.00 each - -802.50 /each 4,815 - -802.50 /each 4,815 10 Electronic Door Hardware - Power Assist Actuator Package 1.00 each - -561.75 /each 562 - -561.75 /each 562 10 Electronic Door Hardware - Power Assist Operator 1.00 each - -3,477.50 /each 3,478 - -3,477.50 /each 3,478 10 Electronic Door Hardware - Power Assist Power Supply 1.00 each - -267.50 /each 268 - -267.50 /each 268 11 Cylinders Only at AL Storefront Doors 7.00 each - -42.80 /each 300 - -42.80 /each 300 ----Finish Hardware - Magnetic Hold Open Device 2.00 each - -508.25 /each 1,017 - -508.25 /each 1,017 Doors, Frames, & Hardware 37,181.00 sqft 4.44 /sqft 164,919 0.672/sqft 24,975 5.11 /sqft 189,894 08360.0 Overhead Doors 01 Overhead Coiling Door - 10' x 10'1.00 each - -- -4,900.00 /each 4,900 4,900.00 /each 4,900 01 Overhead Coiling Door - 10' x 18'1.00 each - -- -8,800.00 /each 8,800 8,800.00 /each 8,800 01 Interior Coiling Security Grate at Corridor A - 10' high x 18' wide 1.00 each - -- -3,800.00 /each 3,800 3,800.00 /each 3,800 Overhead Doors 37,181.00 sqft 0.471/sqft 17,500 0.471/sqft 17,500 08410.0 Aluminum Entrances & Stor 01 Interior Storefront Framing - 10'-0" Height 4,244.17 sqft - -- -21.50 /sqft 91,250 21.50 /sqft 91,250 01 Interior Storefront Framing - 7'-0" Height 2,535.75 sqft - -- -21.50 /sqft 54,519 21.50 /sqft 54,519 01 Interior Storefront Framing - 10'-0" Height (Smoke Enclosure) 882.50 sqft - -- -21.50 /sqft 18,974 21.50 /sqft 18,974 Attachment number 1Page 11 of 22 Page 12 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 08410.0 Aluminum Entrances & Stor 01 Curtainwall Framing - 6" Kawneer 1600-1 4,684.17 sqft - -- -38.80 /sqft 181,746 38.80 /sqft 181,746 01 Curtainwall Framing - 6" Kawneer - Sun Shades 439.08 lnft - -- -125.00 /lnft 54,885 125.00 /lnft 54,885 01 Curtainwall Framing - Decorative Stamped Metal Panel 246.25 sqft - -- -38.80 /sqft 9,555 38.80 /sqft 9,555 01 Curtainwall Framing - Metal Panel Spandrel 1,265.28 sqft - -- -38.80 /sqft 49,093 38.80 /sqft 49,093 05 Pass-through Window - Wide 1.00 each - -- -450.00 /each 450 450.00 /each 450 05 Pass-through Window - Narrow 4.00 each - -- -410.00 /each 1,640 410.00 /each 1,640 05 Storefront Doors - Single 1.00 each - -- -2,000.00 /each 2,000 2,000.00 /each 2,000 06 Storefront Doors - Pair 3.00 each - -- -3,750.00 /each 11,250 3,750.00 /each 11,250 07 Storefront Door Hardware Single Exterior 1.00 each - -- -950.00 /each 950 950.00 /each 950 08 Storefront Door Hardware Double Egress 3.00 each - -- -4,200.00 /each 12,600 4,200.00 /each 12,600 09 Storefront Doors - Prep Leafs for Automatic Door Opener 1.00 each - -250.00 /each 250 250.00 /each 250 Aluminum Entrances & Stor 37,181.00 sqft 13.16 /sqft 489,160 13.16 /sqft 489,160 DOORS AND WINDOWS 37,181.00 sqft 0 4.44 /sqft 164,919 14.30 /sqft 531,635 18.734/sqft 696,554 09000.0 FINISHES 09200.0 Lath & Plaster ----Stucco Soffit Ceilings 190.00 sqft - -- -12.00 /sqft 2,280 12.00 /sqft 2,280 Lath & Plaster 37,181.00 sqft 0.061/sqft 2,280 0.061/sqft 2,280 09250.0 Gypsum Wallboard 01 Densglass, Metal Studs, Insulation Exterior Walls - 1st Floor 5,736.00 sqft - -- -7.25 /sqft 41,586 7.25 /sqft 41,586 01 Densglass, Metal Studs, Insulation Exterior Walls - 2nd Floor 8,162.00 sqft - -- -7.25 /sqft 59,175 7.25 /sqft 59,175 01 Densglass, Metal Studs, Insulation Exterior Walls - 2' High Parapet 1,136.00 sqft - -- -8.00 /sqft 9,088 8.00 /sqft 9,088 01 Drywall, Metal Studs, Insulation to Structure 1 Hour Rated - 1st Floor 5,388.00 sqft - -- -5.00 /sqft 26,940 5.00 /sqft 26,940 01 Drywall, Metal Studs, Insulation to Structure 1 Hour Rated - 2nd Floor 1,932.00 sqft - -- -5.00 /sqft 9,660 5.00 /sqft 9,660 01 Drywall, Metal Studs, Insulation to Structure - 1st Floor 10,191.00 sqft - -- -5.00 /sqft 50,955 5.00 /sqft 50,955 01 Drywall, Metal Studs, Insulation to Structure - 2nd Floor 5,051.00 sqft - -- -5.00 /sqft 25,255 5.00 /sqft 25,255 01 Drywall, Metal Studs, Insulation to 10'-6" - 1st Floor 4,172.00 sqft - -- -5.00 /sqft 20,860 5.00 /sqft 20,860 01 Drywall, Metal Studs, Insulation to 10'-6" - 2nd Floor 8,667.00 sqft - -- -5.00 /sqft 43,335 5.00 /sqft 43,335 01 Drywall, Metal Studs, Insulation to 3'-0" - 1st Floor 354.00 sqft - -- -5.00 /sqft 1,770 5.00 /sqft 1,770 01 Drywall, Metal Studs, Insulation to 3'-0" - 2nd Floor 690.00 sqft - -- -5.00 /sqft 3,450 5.00 /sqft 3,450 01 Drywall, Metal Studs, Insulation to Structure 1 Hour Rated, Impact Resistant w/ Security Mesh - 1st Floor 1,185.00 sqft - -- -15.00 /sqft 17,775 15.00 /sqft 17,775 01 Drywall, Metal Studs, Insulation to Structure 1 Hour Rated, Impact Resistant w/ Security Mesh - 2nd Floor 1,863.00 sqft - -- -15.00 /sqft 27,945 15.00 /sqft 27,945 01 Drywall, Metal Studs, Insulation to Structure Smoke Enclosure - 1st Floor 0.00 sqft - -- -0.00 0 None Anticipated 01 Drywall, Metal Studs, Insulation to Structure Smoke Enclosure - 2nd Floor 2,863.00 sqft - -- -6.00 /sqft 17,178 6.00 /sqft 17,178 02 ACT Ceilings - 1st Floor 11,663.00 sqft - -- -3.00 /sqft 34,989 3.00 /sqft 34,989 02 ACT Ceilings - 2nd Floor 14,041.00 sqft - -- -3.00 /sqft 42,123 3.00 /sqft 42,123 02 Vinyl ACT Ceilings - 1st Floor 384.00 sqft - -- -3.75 /sqft 1,440 3.75 /sqft 1,440 02 Vinyl ACT Ceilings - 2nd Floor 0.00 sqft - -- -0.00 0 None Anticipated 04 Gypsum Soffits - 1st Floor 853.00 sqft - -- -5.50 /sqft 4,692 5.50 /sqft 4,692 04 Gypsum Soffits - 2nd Floor 668.00 sqft - -- -5.50 /sqft 3,674 5.50 /sqft 3,674 04 Gypsum Ceilings - 1st Floor 1,149.00 sqft - -- -5.50 /sqft 6,320 5.50 /sqft 6,320 Attachment number 1Page 12 of 22 Page 13 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 09250.0 Gypsum Wallboard 04 Gypsum Ceilings - 2nd Floor 998.00 sqft - -- -5.50 /sqft 5,489 5.50 /sqft 5,489 04 Gypsum Ceilings Impact Resistant Gyp w/ Security Mesh - 1st Floor 187.00 sqft - -- -13.00 /sqft 2,431 13.00 /sqft 2,431 04 Gypsum Ceilings Impact Resistant Gyp w/ Security Mesh - 2nd Floor 736.00 sqft - -- -13.00 /sqft 9,568 13.00 /sqft 9,568 Gypsum Wallboard 37,181.00 sqft 12.53 /sqft 465,697 12.53 /sqft 465,697 09300.0 Tile 02 Ceramic Tile Walls (Full Ht all Walls) - 1st Floor 1,994.00 sqft - -- -6.75 /sqft 13,460 6.75 /sqft 13,460 02 Ceramic Tile Walls (Full Ht all Walls) - 2nd Floor 2,224.00 sqft - -- -6.75 /sqft 15,012 6.75 /sqft 15,012 06 Porcelain Tile Floor - 1st Floor 523.00 sqft - -- -8.96 /sqft 4,686 8.96 /sqft 4,686 06 Porcelain Tile Floor - 2nd Floor 576.00 sqft - -- -8.96 /sqft 5,161 8.96 /sqft 5,161 07 Porcelain Tile Base - 1st Floor 201.00 lnft - -- -8.89 /lnft 1,787 8.89 /lnft 1,787 07 Porcelain Tile Base - 2nd Floor 228.00 lnft - -- -8.89 /lnft 2,027 8.89 /lnft 2,027 07 100% Anti-Fracture / Waterproofing Membrane - 1st Floor 523.00 sqft - -- -3.00 /sqft 1,569 3.00 /sqft 1,569 07 100% Anti-Fracture / Waterproofing Membrane - 2nd Floor 576.00 sqft - -- -3.00 /sqft 1,728 3.00 /sqft 1,728 Tile 37,181.00 sqft 1.222/sqft 45,429 1.222/sqft 45,429 09380.0 Terrazzo Flooring 01 Terrazzo Flooring - 1st Floor 2,628.00 sqft - -- -19.85 /sqft 52,166 19.85 /sqft 52,166 01 Terrazzo Flooring - 2nd Floor 0.00 sqft - -- -0.00 0 None Anticipated per Reconciliation Meeting on 11/12/2010 02 Terrazzo Precast Base - 1st Floor 315.00 lnft - -- -23.00 /lnft 7,245 23.00 /lnft 7,245 02 Terrazzo Precast Base - 2nd Floor 0.00 lnft - -- -0.00 0 None Anticipated per Reconciliation Meeting on 11/12/2010 03 Terrazzo Treads & Risers 310.00 lnft - -- -75.00 /lnft 23,250 75.00 /lnft 23,250 03 Terrazzo Landings 67.00 sqft - -- -30.00 /sqft 2,010 30.00 /sqft 2,010 03 100% Anti-Fracture Membrane - 1st Floor 2,628.00 sqft - -- -3.00 /sqft 7,884 3.00 /sqft 7,884 03 100% Anti-Fracture Membrane - 2nd Floor 0.00 sqft - -- -0.00 0 None Anticipated per Reconciliation Meeting on 11/12/2010 Terrazzo Flooring 37,181.00 sqft 2.49 /sqft 92,555 2.49 /sqft 92,555 09525.0 $3.80 02 Resilient Vinyl Tile Base 4" - 1st Floor 2,474.00 lnft - -- -1.15 /lnft 2,845 1.15 /lnft 2,845 02 Resilient Vinyl Tile Base 4" - 2nd Floor 2,933.00 lnft - -- -1.15 /lnft 3,373 1.15 /lnft 3,373 03 Rubber Treads & Risers 241.00 lnft - -- -20.00 /lnft 4,820 20.00 /lnft 4,820 04 Rubber Floor Tile 144.00 sqft - -- -8.00 /sqft 1,152 8.00 /sqft 1,152 05 Linoleum Tile - 1st Floor 3,619.00 sqft - -- -3.80 /sqft 13,752 3.80 /sqft 13,752 05 Linoleum Tile - 2nd Floor 2,269.00 sqft - -- -3.80 /sqft 8,622 3.80 /sqft 8,622 $3.80 37,181.00 sqft 0.93 /sqft 34,564 0.93 /sqft 34,564 09680.0 Carpet 01 Carpet Tile - 1st Floor 801.00 sqyd - -- -25.00 /sqyd 20,025 25.00 /sqyd 20,025 01 Carpet Tile - 2nd Floor 1,412.00 sqyd - -- -25.00 /sqyd 35,300 25.00 /sqyd 35,300 Carpet 37,181.00 sqft 1.49 /sqft 55,325 1.49 /sqft 55,325 09780.0 Floor Treatment 01 Minor Floor Preparation 1.00 lsum - -- -2,000.00 /lsum 2,000 2,000.00 /lsum 2,000 02 Calcium Chloride Test 1.00 lsum - -- -2,275.00 /lsum 2,275 2,275.00 /lsum 2,275 03 Flooring Protection 29,532.00 sqft - -0.043/sqft 1,264 - -0.043/sqft 1,264 Floor Treatment 37,181.00 sqft 0.034/sqft 1,264 0.12 /sqft 4,275 0.15 /sqft 5,539 09800.0 Special Coatings 04 Seamless Epoxy Flooring - 1st Floor 456.00 sqft - -- -22.75 /sqft 10,374 22.75 /sqft 10,374 04 Seamless Epoxy Flooring - 2nd Floor 0.00 sqft - -- -0.00 0 None Anticipated 05 Seamless Epoxy Flooring - Integral Base - 1st Floor 94.00 lnft - -- -24.25 /lnft 2,280 24.25 /lnft 2,280 Attachment number 1Page 13 of 22 Page 14 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 09800.0 Special Coatings 05 Seamless Epoxy Flooring - Integral Base - 2nd Floor 0.00 lnft - -- -0.00 0 None Anticipated Special Coatings 37,181.00 sqft 0.34 /sqft 12,654 0.34 /sqft 12,654 09900.0 Painting 01 Painting Subcontractor - Interior Wall Surface to 10' High - 1st Floor 21,856.00 sqft - -- -0.61 /sqft 13,332 0.61 /sqft 13,332 01 Painting Subcontractor - Interior Wall Surface to 10' High - 2nd Floor 29,220.00 sqft - -- -0.61 /sqft 17,824 0.61 /sqft 17,824 01 Painting Subcontractor - Interior Wall Surface to 9' High - 1st Floor 5,695.00 sqft - -- -0.61 /sqft 3,474 0.61 /sqft 3,474 01 Painting Subcontractor - Interior Wall Surface to 9' High - 2nd Floor 1,492.00 sqft - -- -0.61 /sqft 910 0.61 /sqft 910 01 Painting Subcontractor - Interior Wall Surface to 3' High - 1st Floor 637.00 sqft - -- -0.61 /sqft 389 0.61 /sqft 389 01 Painting Subcontractor - Interior Wall Surface to 3' High - 2nd Floor 1,474.00 sqft - -- -0.61 /sqft 899 0.61 /sqft 899 01 Painting Subcontractor - Interior Wall Surface to 16' High - 1st Floor 3,331.00 sqft - -- -0.61 /sqft 2,032 0.61 /sqft 2,032 01 Painting Subcontractor - Interior Wall Surface to 16' High - 2nd Floor 1,875.00 sqft - -- -0.61 /sqft 1,144 0.61 /sqft 1,144 02 Painting Subcontractor - HM Door Frames - Single 75.00 each - -- -60.00 /each 4,500 60.00 /each 4,500 02 Painting Subcontractor - HM Door Frames - Double 7.00 each - -- -75.00 /each 525 75.00 /each 525 02 Painting Subcontractor - HM Door Frames - Double - 2nd Floor 0.00 each - -- -0.00 0 None Anticipated 02 Painting Subcontractor - HM Door Leafs 32.00 each - -- -80.00 /each 2,560 80.00 /each 2,560 05 Painting Subcontractor - Seal Concrete Floor - 1st Floor 2,794.00 sqft - -- -1.20 /sqft 3,353 1.20 /sqft 3,353 05 Painting Subcontractor - Seal Concrete Floor - 2nd Floor 631.00 sqft - -- -1.20 /sqft 757 1.20 /sqft 757 06 Painting Subcontractor - Gypsum Soffits - 1st Floor 853.00 sqft - -- -0.72 /sqft 614 0.72 /sqft 614 06 Painting Subcontractor - Gypsum Soffits - 2nd Floor 668.00 sqft - -- -0.72 /sqft 481 0.72 /sqft 481 06 Painting Subcontractor - Gypsum Ceilings - 1st Floor 1,149.00 sqft - -- -0.72 /sqft 827 0.72 /sqft 827 06 Painting Subcontractor - Gypsum Ceilings - 2nd Floor 998.00 sqft - -- -0.72 /sqft 719 0.72 /sqft 719 08 Painting Subcontractor - Caulk Ceiling Grid to wall - 1st Floor 12,047.00 sqft - -- -0.12 /sqft 1,446 0.12 /sqft 1,446 08 Painting Subcontractor - Caulk Ceiling Grid to wall - 2nd Floor 14,041.00 sqft - -- -0.12 /sqft 1,685 0.12 /sqft 1,685 09 Painting Subcontractor - Interior CMU Wall 16' High - 1st Floor 6,825.00 sqft - -- -0.88 /sqft 6,006 0.88 /sqft 6,006 09 Painting Subcontractor - Interior CMU Wall 16' High - 2nd Floor 1,927.00 sqft - -- -0.88 /sqft 1,696 0.88 /sqft 1,696 09 Painting Subcontractor - Interior CMU Wall 10' High - 1st Floor 599.00 sqft - -- -0.88 /sqft 527 0.88 /sqft 527 09 Painting Subcontractor - Interior CMU Wall 10' High - 2nd Floor 0.00 sqft - -- -0.00 0 None Anticipated 09 Painting Subcontractor - Base on CMU Wall 4" High - 1st Floor 340.00 lnft - -- -0.25 /lnft 85 0.25 /lnft 85 09 Painting Subcontractor - Base on CMU Wall 4" High - 2nd Floor 76.00 lnft - -- -0.25 /lnft 19 0.25 /lnft 19 09 Painting Subcontractor - Paint Metal Pan Stairs 2.00 each - -- -1,500.00 /each 3,000 1,500.00 /each 3,000 09 Painting Subcontractor - Paint Picket Rails at Stair Wells 2.00 each - -- -900.00 /each 1,800 900.00 /each 1,800 09 Painting Subcontractor - Paint Wall Rails at Stair Wells 2.00 each - -- -250.00 /each 500 250.00 /each 500 09 Painting Subcontractor - Paint Bollards @ Dumpster Enclosure 5.00 each - -- -35.00 /each 175 35.00 /each 175 09 Painting Subcontractor - Dumpster Enclosure 1.00 each - -- -85.00 /each 85 85.00 /each 85 Painting 37,181.00 sqft 1.92 /sqft 71,363 1.92 /sqft 71,363 09950.0 Wallcovering Attachment number 1Page 14 of 22 Page 15 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 09950.0 Wallcovering 01 Standard Vinyl Wall Covering 0.00 sqft - -- -0.00 0 None Anticipated FINISHES 37,181.00 sqft 0 0.034/sqft 1,264 21.09 /sqft 784,142 21.124/sqft 785,406 10000.0 SPECIALTIES 10115.0 Marker Boards 01 Marker & Tack Boards 3'-6" High - 1st Floor 86.00 sqft - -- -7.82 /sqft 673 7.82 /sqft 673 01 Marker & Tack Boards 3'-6" High - 2nd Floor 96.00 sqft - -- -7.82 /sqft 751 7.82 /sqft 751 01 Marker & Tack Boards 4'-0" High - 1st Floor 102.00 sqft - -- -7.82 /sqft 798 7.82 /sqft 798 01 Marker & Tack Boards 4'-0" High - 2nd Floor 172.00 sqft - -- -7.82 /sqft 1,345 7.82 /sqft 1,345 Marker Boards 37,181.00 sqft 0.10 /sqft 3,566 0.10 /sqft 3,566 10165.0 Toilet Partitions & Acces 01 Toilet Partitions - 1st Floor 5.00 each - -- -1,125.00 /each 5,625 1,125.00 /each 5,625 01 Toilet Partitions - 2nd Floor 5.00 each - -- -1,125.00 /each 5,625 1,125.00 /each 5,625 02 Toilet Partitions - Urinal Screen - 1st Floor 1.00 each - -- -150.00 /each 150 150.00 /each 150 02 Toilet Partitions - Urinal Screen - 2nd Floor 1.00 each - -- -150.00 /each 150 150.00 /each 150 03 Soap Dispenser - 1st Floor 5.00 each - -- -36.00 /each 180 36.00 /each 180 03 Soap Dispenser - 2nd Floor 6.00 each - -- -36.00 /each 216 36.00 /each 216 04 Toilet Paper Dispenser Double Roll - 1st Floor 8.00 each - -- -35.00 /each 280 35.00 /each 280 04 Toilet Paper Dispenser Double Roll - 2nd Floor 9.00 each - -- -35.00 /each 315 35.00 /each 315 05 Paper Towel Dispenser w/ Waste - 1st Floor 5.00 each - -- -310.00 /each 1,550 310.00 /each 1,550 05 Paper Towel Dispenser w/ Waste - 2nd Floor 6.00 each - -- -310.00 /each 1,860 310.00 /each 1,860 06 Sanitary Napkin Disposal - 1st Floor 4.00 each - -- -40.00 /each 160 40.00 /each 160 06 Sanitary Napkin Disposal - 2nd Floor 4.00 each - -- -40.00 /each 160 40.00 /each 160 08 36" Grab Bar - 1st Floor 5.00 each - -- -50.00 /each 250 50.00 /each 250 08 36" Grab Bar - 2nd Floor 6.00 each - -- -50.00 /each 300 50.00 /each 300 09 42" Grab Bar - 1st Floor 5.00 each - -- -55.00 /each 275 55.00 /each 275 09 42" Grab Bar - 2nd Floor 6.00 each - -- -55.00 /each 330 55.00 /each 330 10 24" x 36" Mirror - 1st Floor 7.00 each - -- -110.00 /each 770 110.00 /each 770 10 24" x 36" Mirror - 2nd Floor 8.00 each - -- -110.00 /each 880 110.00 /each 880 10 Mop & Broom Holder - 1st Floor 1.00 each - -- -55.00 /each 55 55.00 /each 55 10 Mop & Broom Holder - 2nd Floor 1.00 each - -- -55.00 /each 55 55.00 /each 55 Toilet Partitions & Acces 37,181.00 sqft 0.52 /sqft 19,186 0.52 /sqft 19,186 10200.0 Louvers & Vents 01 Louvers & Vents Material 0.00 lsum - -- - Included in HVAC 10260.0 Wall & Corner Guards 01 Wall and Corner Guards 1.00 lsum - -- -5,000.00 /lsum 5,000 5,000.00 /lsum 5,000 Wall & Corner Guards 37,181.00 sqft 0.134/sqft 5,000 0.134/sqft 5,000 10270.0 Access Flooring 01 Access Flooring 0.00 sqft - -- - None Anticipated 02 Access Flooring - Static Dissipative Carpet 0.00 sqyd - -- - None Anticipated 03 Access Flooring - Rubber Cove Base 0.00 lnft - -- - None Anticipated 10350.0 Flagpoles 01 35' Flag Pole 3.00 each - -- -3,100.00 /each 9,300 3,100.00 /each 9,300 Internal Halyard with Bronze anodized finish Flagpoles 37,181.00 sqft 0.25 /sqft 9,300 0.25 /sqft 9,300 10440.0 Signage Attachment number 1Page 15 of 22 Page 16 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 10440.0 Signage 01 Interior Room Signage 152.00 each - -- -125.00 /each 19,000 125.00 /each 19,000 02 Interior Department Signage 7.00 each - -- -185.00 /each 1,295 185.00 /each 1,295 02 Interior Directional Signage 5.00 each - -- -1,200.00 /each 6,000 1,200.00 /each 6,000 03 Exterior Bulding Signage 1.00 lsum - -10,000.00 /lsum 10,000 10,000.00 /lsum 10,000 Signage 37,181.00 sqft 0.98 /sqft 36,295 0.98 /sqft 36,295 10500.0 Lockers 01 Two Tier Lockers 0.00 each - -- -0.00 0 Owner FF&E per meeting 11/18/2010 10520.0 Fire Ext. Cabinets, Acces 01 Fire Extinguishers in Cabinets - 1st Floor 6.00 each - -197.95 /each 1,188 - -197.95 /each 1,188 Labor by Onsite TPC Forces. 01 Fire Extinguishers in Cabinets - 2nd Floor 6.00 each - -197.95 /each 1,188 - -197.95 /each 1,188 Labor by Onsite TPC Forces. Fire Ext. Cabinets, Acces 37,181.00 sqft 0.064/sqft 2,375 0.064/sqft 2,375 10650.0 Operable Partitions 01 Operable Partitions 0.00 sqft - -- -0.00 0 None Anticipated 10850.0 Miscellaneous Specialties 01 TV Mounts Material 0.00 lsum - -- - Owner FF&E per meeting 11/18/2010 02 Postal Specialties 0.00 lsum - -- - Owner FF&E per meeting 11/18/2010 02 High Density File Systems @ Criminal Investigations 0.00 lsum - -- - Owner FF&E per meeting 11/18/2010 - Owner to reuse existing and supplement if required 02 Vertical File Systems @ Sheriff's Admin 0.00 lsum - -- - Owner FF&E per meeting 11/18/2010 - Owner to reuse existing and supplement if required 02 Rotating File Systems @ Records Storage 0.00 lsum - -- - Owner FF&E per meeting 11/18/2010 - Owner to reuse existing and supplement if required SPECIALTIES 37,181.00 sqft 0 0.064/sqft 2,375 1.973/sqft 73,347 2.04 /sqft 75,722 11000.0 EQUIPMENT 11130.0 Audio Visual Equipment 01 Projection Screens Motorized 3.00 each - -- -3,610.00 /each 10,830 3,610.00 /each 10,830 01 Audio Visual, Projectors, Systems, Components 0.00 lsum - -- -0.00 0 By Owner per meeting 11/18/2010 Audio Visual Equipment 37,181.00 sqft 0.291/sqft 10,830 0.291/sqft 10,830 11190.0 Security and Detention Eq 01 Detention Door - Swing with Paracentric Lock (Frame, Door, Hardware) 4.00 each - -- -6,000.00 /each 24,000 6,000.00 /each 24,000 01 Security Glazing and HM Window Frame at Holding Cell 3.00 each - -- -1,950.00 /each 5,850 1,950.00 /each 5,850 01 Drug Vault Door 1.00 each - -- -2,500.00 /each 2,500 2,500.00 /each 2,500 Included in estimate per meeting 11/18/2010 01 Sheriff's Vault Door 1.00 each - -- -2,500.00 /each 2,500 2,500.00 /each 2,500 Included in estimate per meeting 11/18/2010 01 X-Ray Screening Equipment 0.00 each - -- - Owner FF&E per meeting 11/18/2010 - Owner to reuse existing 01 Metal Detector System 0.00 each - -- - Owner FF&E per meeting 11/18/2010 - Owner to reuse existing - May require new equipment to be ADA compliant Security and Detention Eq 37,181.00 sqft 0.94 /sqft 34,850 0.94 /sqft 34,850 Attachment number 1Page 16 of 22 Page 17 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 11400.0 Food & Service Equip 01 Commercial Kitchen Equipment 0.00 sqft - -- - None Anticipated 11452.0 Residential Appliance 01 Residential - Refrigerator / Freezer Combo 0.00 each - -- - Owner FF&E per meeting 11/18/2010 02 Residential - Under Counter Refrigerator 0.00 each - -- - Owner FF&E per meeting 11/18/2010 03 Residential - Range / Oven Combo 0.00 each - -- - Owner FF&E per meeting 11/18/2010 04 Residential - Microwave 0.00 each - -- - Owner FF&E per meeting 11/18/2010 05 Residential - Diswasher 0.00 each - -- - Owner FF&E per meeting 11/18/2010 06 Residential - Washer 0.00 each - -- - Owner FF&E per meeting 11/18/2010 07 Residential - Dryer 0.00 each - -- - Owner FF&E per meeting 11/18/2010 11600.0 Laboratory Equipment ----Vehicle Lift 0.00 each 0.00 0 0.00 0 - - To be included as an alternate at GMP 11900.0 Acoustical Wall Treatment 01 Acoustical Wall Treatment Subcontractor 0.00 lsum - -- -0.00 0 None Anticipated EQUIPMENT 37,181.00 sqft 0 0 1.23 /sqft 45,680 1.23 /sqft 45,680 12000.0 FURNISHINGS 12300.0 Manufactured Casework 01 Manufactured Laboratory Casework 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 01 Stainless Steel Work Table 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 01 Lab Equipment - Down Flow Work Station 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 01 Evidence Drying Station 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 01 Fuming Chamber 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 12500.0 Window Treatments 01 Horizontal Blinds 3'-4" W x 10'-0" - 1st Floor 10.00 each - -- -52.50 /each 525 52.50 /each 525 01 Horizontal Blinds 3'-4" W x 10'-0" - 2nd Floor 16.00 each - -- -52.50 /each 840 52.50 /each 840 01 Horizontal Blinds 6'-0" W x 10'-0" - 1st Floor 20.00 each - -- -90.00 /each 1,800 90.00 /each 1,800 01 Horizontal Blinds 6'-0" W x 10'-0" - 2nd Floor 23.00 each - -- -90.00 /each 2,070 90.00 /each 2,070 Window Treatments 37,181.00 sqft 0.141/sqft 5,235 0.141/sqft 5,235 12690.0 Entry Mats 01 Entry Mats Material - 4' x 12'-6"1.00 each - -2,075.00 /each 2,075 2,075.00 /each 2,075 01 Entry Mats Material - 4' x 8'1.00 each - -1,328.00 /each 1,328 1,328.00 /each 1,328 Entry Mats 37,181.00 sqft 0.092/sqft 3,403 0.092/sqft 3,403 12700.0 Multiple Seating 01 Seating Subcontractor - -- -0.00 0 None Anticipated Attachment number 1Page 17 of 22 Page 18 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount FURNISHINGS 37,181.00 sqft 0 0 0.232/sqft 8,638 0.232/sqft 8,638 14000.0 CONVEYING SYSTEMS 14200.0 Elevators 01 Elevator - 2500 lb Passenger 1.00 each - -- -47,500.00 /each 47,500 47,500.00 /each 47,500 Based on Wood Laminated Panels, Stainless Steel Ceiling. Two Stop 03 Elevator - 3500 lb Sevice 1.00 each - -- -52,000.00 /each 52,000 52,000.00 /each 52,000 ADA / Stretcher capable with stainless Steel Finishes Throughout. Two Stop Elevators 37,181.00 sqft 2.68 /sqft 99,500 2.68 /sqft 99,500 14400.0 Lifts 01 Wheel Chair Lift 0.00 each - -- -0.00 0 None Anticipated CONVEYING SYSTEMS 37,181.00 sqft 0 0 2.68 /sqft 99,500 2.68 /sqft 99,500 15000.0 MECHANICAL 15300.0 Fire Protection 01 Wet Pipe Sprinkler System - Standard 37,181.00 sqft - -- -1.55 /sqft 57,631 1.55 /sqft 57,631 01 Wet Pipe Sprinkler System - Pump, Jockey Pump, and Controller 0.00 sqft - -- -0.00 0 None Anticipated 01 Wet Pipe Sprinkler System - StandPipe System 0.00 sqft - -- -0.00 0 None Anticipated 03 Dry Pipe Sprinkler System - Standard 0.00 sqft - -- -0.00 0 None Anticipated 04 FM-200 System 0.00 sqft - -- -0.00 0 None Anticipated Fire Protection 37,181.00 sqft 1.55 /sqft 57,631 1.55 /sqft 57,631 15400.0 Plumbing 01 Plumbing Subcontractor - Water Closet 17.00 each - -- -2,350.00 /each 39,950 2,350.00 /each 39,950 Based on Sensor Operated Flush Valves 01 Plumbing Subcontractor - SS Penal Combo Units 0.00 each - -- -0.00 0 None Required per Team Meeting of 9/29/2010 02 Plumbing Subcontractor - Lavatory 9.00 each - -- -2,150.00 /each 19,350 2,150.00 /each 19,350 Include low flow, sensor operated faucets 03 Plumbing Subcontractor - Urinal 2.00 each - -- -2,150.00 /each 4,300 2,150.00 /each 4,300 Based on Waterless Cartridge Type 04 Plumbing Subcontractor - Bi-Level Drinking Fountains 3.00 each - -- -1,900.00 /each 5,700 1,900.00 /each 5,700 05 Plumbing Subcontractor - Janitor Sinks 2.00 each - -- -2,000.00 /each 4,000 2,000.00 /each 4,000 06 Plumbing Subcontractor - Single Bowl Sinks 7.00 each - -- -2,000.00 /each 14,000 2,000.00 /each 14,000 Include low flow, sensor operated faucets 06 Plumbing Subcontractor - Double Bowl Sinks 3.00 each - -- -2,100.00 /each 6,300 2,100.00 /each 6,300 07 Plumbing Subcontractor - Handicap Fiberglass Shower Unit 0.00 each - -- -0.00 0 None Anticipated 08 Plumbing Subcontractor - Water Heater 1.00 each - -- -5,500.00 /each 5,500 5,500.00 /each 5,500 08 Plumbing Subcontractor - Water Heater Circulator 1.00 each - -- -2,150.00 /each 2,150 2,150.00 /each 2,150 1st and 2nd floor 09 Plumbing Subcontractor - Elevator Sump with Oil Separator 2.00 each - -- -1,500.00 /each 3,000 1,500.00 /each 3,000 10 Plumbing Subcontractor - Exterior Grease Trap 0.00 each - -- -0.00 0 None Anticipated 11 Plumbing Subcontractor - Internal Roof Drains 0.00 each - -- -0.00 0 Attachment number 1Page 18 of 22 Page 19 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 15400.0 Plumbing None Anticiapted. 12 Plumbing Subcontractor - Floor Drains 11.00 each - -- -750.00 /each 8,250 750.00 /each 8,250 13 Plumbing Subcontractor - Hose Bib 4.00 each - -- -500.00 /each 2,000 500.00 /each 2,000 14 Plumbing Subcontractor - Refrigerator Hook Up 2.00 each - -- -250.00 /each 500 250.00 /each 500 15 Plumbing Subcontractor - Dishwasher Hook Up 2.00 each - -- -250.00 /each 500 250.00 /each 500 16 Plumbing Subcontractor - Washer Hook Up 0.00 each - -- -0.00 0 None Anticipated 17 Plumbing Subcontractor - Dryer Hook Up 0.00 each - -- -0.00 0 None Anticipated 18 Plumbing Subcontractor - Gas Range/Oven Hookup 0.00 each - -- -0.00 0 None Anticipated 19 Plumbing Subcontractor - Gas Fireplace Hookup 0.00 each - -- -0.00 0 None Anticipated 19 Plumbing Subcontractor - Lab - Vacuum System 1.00 lsum - -- -23,000.00 /lsum 23,000 23,000.00 /lsum 23,000 Includes 7.5hp vacuum pump 19 Plumbing Subcontractor - Lab - Air System 1.00 lsum - -- -18,000.00 /lsum 18,000 18,000.00 /lsum 18,000 Includes 10.0hp Air comp 19 Plumbing Subcontractor - Lab - Gas System 1.00 lsum - -- -9,800.00 /lsum 9,800 9,800.00 /lsum 9,800 Includes 4 gas drops 19 Plumbing Subcontractor - Lab - Eye Wash Station 2.00 each - -- -2,250.00 /each 4,500 2,250.00 /each 4,500 Includes combo emergency shower,eye wash 19 Plumbing Subcontractor - Lab - Speciman Cabinet Hook-ups 1.00 lsum - -- -3,100.00 /lsum 3,100 3,100.00 /lsum 3,100 Includes specimen Cabinet Hook-ups 19 Plumbing Subcontractor - Lab - Acid Dulition & Piped to Sink 1.00 lsum - -- -21,275.00 /lsum 21,275 21,275.00 /lsum 21,275 Includes 1-100gallon acid dilution basin 19 Plumbing Subcontractor - Lab - Sink Connections 1.00 lsum - -- -980.00 /lsum 980 980.00 /lsum 980 Includes 2 sink connections Plumbing 37,181.00 sqft 5.28 /sqft 196,155 5.28 /sqft 196,155 15401.0 Kitchen Hood Fire Suppres 01 Kitchen Fire Suppression Hood 0.00 each - -- -0.00 0 None Anticipated 15500.0 HVAC 02 HVAC Subcontractor - Standard Split System Gas 0.00 ton - -- - None Anticipated 03 HVAC Subcontractor - Standard RTU System 0.00 sqft - -- - None Anticipated 04 HVAC Subcontractor - Four Pipe Air Cooled Chiller / Boiler System 37,181.00 sqft - -- -26.85 /sqft 998,310 26.85 /sqft 998,310 Includes Associated Piping (2 Pipes) per Chiller. Based on 85 Ton. 04 HVAC Subcontractor - Cooling Tower 0.00 sqft - -- - Includes Associated Piping (2 Pipes) per Chiller 05 HVAC Subcontractor - Boiler System 0.00 sqft - -- -0.00 0 Includes Two Boilers and Associated Piping (2 Pipe) per Boiler. Based on 750 MBH each. 05 HVAC Subcontractor - Air Handler Units 0.00 each - -- - Included in HVAC Subcontractor - Two Pipe Air Cooled Chiller System based on One unit per floor located inside Mechanical Rooms. Based on 13,000CFM and 17,000CFM each. 05 HVAC Subcontractor - VAV boxes 0.00 each - -- - Included in HVAC Subcontractor - Two Pipe Air Cooled Chiller System 05 HVAC Subcontractor - Direct Digital Control Systems 0.00 lsum - -- - Included in HVAC Subcontractor - Two Pipe Air Cooled Chiller System 05 HVAC Subcontractor - Special Exhaust Systems for Crime Lab and Garage 0.00 Lsum - -- - Included in HVAC Subcontractor - Two Pipe Air Cooled Chiller System 05 HVAC Subcontractor - VAV Reheat Coils 0.00 each - -- - Included in HVAC Subcontractor - Boiler System 05 HVAC Subcontractor - Unit Heaters 0.00 sqft - -- - Included in HVAC Subcontractor - Boiler System 05 HVAC Subcontractor - Cabinet Unit Heaters 0.00 sqft - -- - Included in HVAC Subcontractor - Two Pipe Air Cooled Chiller System 05 HVAC Subcontractor - Energy Recovery Ventilator 0.00 each - -- - Included in HVAC Subcontractor - Two Pipe Air Cooled Chiller System based on being located on Roof to Supply Air Handling Units ventilation Air. Based on 10,000CFM 05 HVAC Subcontractor - Ducted Supply 0.00 sqft - -- - Included in HVAC Subcontractor - Two Pipe Air Cooled Chiller System 05 HVAC Subcontractor - Ducted Return 0.00 sqft - -- - Included in HVAC Subcontractor - Two Pipe Air Cooled Chiller System 05 HVAC Subcontractor - Ducted Exhaust 0.00 sqft - -- - Included in HVAC Subcontractor - Two Pipe Air Cooled Chiller System Attachment number 1Page 19 of 22 Page 20 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount 15500.0 HVAC 05 HVAC Subcontractor - Lab Fume Hood Ventilation 1.00 lsum - -- -22,000.00 /lsum 22,000 22,000.00 /lsum 22,000 HVAC 37,181.00 sqft 27.442/sqft 1,020,310 27.442/sqft 1,020,310 MECHANICAL 37,181.00 sqft 0 0 34.27 /sqft 1,274,095 34.27 /sqft 1,274,095 16000.0 ELECTRICAL 16010.0 Electrical Subcontractor 01 Electrical Subcontractor 37,181.00 sqft - -- -1.10 /sqft 40,899 1.10 /sqft 40,899 02 Electrical Subcontractor - Switchgear Equipment 37,181.00 sqft - -- -1.33 /sqft 49,451 1.33 /sqft 49,451 02 Electrical Subcontractor - Transient Voltage Surge Suppression 1.00 each - -- -3,500.00 /each 3,500 3,500.00 /each 3,500 03 Electrical Subcontractor - Branch Circuit Wiring Lighting/Power 37,181.00 sqft - -- -7.85 /sqft 291,871 7.85 /sqft 291,871 04 Electrical Subcontractor - Devices 37,181.00 sqft - -- -0.15 /sqft 5,577 0.15 /sqft 5,577 05 Electrical Subcontractor - Temporary Power 37,181.00 sqft - -- -0.33 /sqft 12,270 0.33 /sqft 12,270 06 Electrical Subcontractor - Panel Feeders 37,181.00 sqft - -- -1.11 /sqft 41,271 1.11 /sqft 41,271 07 Electrical Subcontractor - HVAC Wiring 37,181.00 sqft - -- -0.89 /sqft 33,091 0.89 /sqft 33,091 08 Electrical Subcontractor - Service Entrance 37,181.00 sqft - -- -0.75 /sqft 27,886 0.75 /sqft 27,886 09 Electrical Subcontractor Lighting - Interior Building Fixtures 37,181.00 sqft - -- -3.10 /sqft 115,261 3.10 /sqft 115,261 10 Electrical Subcontractor Lighting - Low Voltage Controls & Dimming 37,181.00 sqft - -- -0.35 /sqft 13,013 0.35 /sqft 13,013 10 Electrical Subcontractor Lighting - Exterior Building Accent Fixtures 37,181.00 sqft - -- -0.22 /sqft 8,180 0.22 /sqft 8,180 11 Electrical Subcontractor Lighting - Site Parking Lot and Pedestrian Lighting 0.00 each - -- -0.00 0 By Local Power Company 11 Electrical Subcontractor Lighting - Hardwire Sensor Operated Flush Valves 33.00 each - -- -485.00 /each 16,005 485.00 /each 16,005 Includes Transformer, Power to Transformer, low voltage wiring between transformer and Sensor Electrical Subcontractor 37,181.00 sqft 17.71 /sqft 658,275 17.71 /sqft 658,275 16600.0 Special Systems 01 Standard Lightning Protection System 0.00 lsum - -- -0.00 0 None Anticipated 02 250 kW Generator and ATS 37,181.00 sqft - -- -1.48 /sqft 55,028 1.48 /sqft 55,028 Based on 24 hour fuel tank 03 Door Access Control - Conduit and Boxes 37,181.00 sqft - -- -0.13 /sqft 4,834 0.13 /sqft 4,834 Included in estimate per meeting 11/18/2010 03 Door Access Control - Card Readers & Low Voltage 37,181.00 sqft - -- -0.65 /sqft 24,168 0.65 /sqft 24,168 Included in estimate per meeting 11/18/2010 04 Intrusion Alarm System 0.00 lsum - -- -0.00 0 None Anticipated per meeting 11/18/2010 - If required, by Owner's FF&E Budget 04 Duress System 37,181.00 sqft - -- -0.13 /sqft 4,834 0.13 /sqft 4,834 05 CCTV System - Conduit & Boxes only 37,181.00 sqft - -- -0.08 /sqft 2,974 0.08 /sqft 2,974 System by Owner per meeting 11/18/2010 05 CCTV System - Console 0.00 each - -- -0.00 0 Owner FF&E per meeting 11/18/2010 05 CCTV System - Cameras 0.00 each - -- -0.00 0 Owner FF&E per meeting 11/18/2010 06 Intercom System 0.00 sqft - -- -0.00 0 Use Voice Over IP per meeting 11/18/2010 07 Uninterrupted Power Supply System - Rack Mounted Only 37,181.00 sqft - -- -0.23 /sqft 8,552 0.23 /sqft 8,552 For time delay for Generator Start Up Only. Special Systems 37,181.00 sqft 2.70 /sqft 100,389 2.70 /sqft 100,389 16610.0 Fire Alarm System 01 Fire Alarm System 37,181.00 sqft - -- -1.22 /sqft 45,361 1.22 /sqft 45,361 Based on location of Fire Alarm Panel in CID or Bull Pen Area Attachment number 1Page 20 of 22 Page 21 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Item Description Takeoff Qty Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Name Total Unit Cost Amount Fire Alarm System 37,181.00 sqft 1.22 /sqft 45,361 1.22 /sqft 45,361 16700.0 Communication Systems/Aud 01 Telephone/Data Service System - Conduit & Boxes 37,181.00 sqft - -- -0.38 /sqft 14,129 0.38 /sqft 14,129 01 Telephone/Data Service System 0.00 sqft - -- -0.00 0 Owner FF&E per meeting 11/18/2010 02 CATV - Conduit, Cable and Boxes 37,181.00 sqft - -- -0.12 /sqft 4,462 0.12 /sqft 4,462 03 Cable Tray 0.00 lsum - -- -0.00 0 None Anticipated - Utilize J Hooks where required 03 Audio Visual - Conduit and Boxes only 37,181.00 sqft - -- -0.14 /sqft 5,205 0.14 /sqft 5,205 03 Bi-directional Amplifier 0.00 lsum - -- -0.00 0 Owner FF&E per meeting 11/18/2010 Communication Systems/Aud 37,181.00 sqft 0.64 /sqft 23,796 0.64 /sqft 23,796 ELECTRICAL 37,181.00 sqft 0 0 22.27 /sqft 827,820 22.27 /sqft 827,820 17000.0 MISCELLANEOUS 17100.0 Miscellaneous 01 Building Commissioning Services 0.00 sqft - -- -0.00 0 By Owner per meeting 11/18/2010 01 Water Intrusion Prevention Reviews, Testing & Inspections During Construction 1.00 lsum - -- -18,500.00 /lsum 18,500 18,500.00 /lsum 18,500 Miscellaneous 37,181.00 sqft 0.50 /sqft 18,500 0.50 /sqft 18,500 MISCELLANEOUS 37,181.00 sqft 0 0 0.50 /sqft 18,500 0.50 /sqft 18,500 Attachment number 1Page 21 of 22 Page 22 of 22 ASOB-08 11/19/2010 4:03 PM Schematic Estimate Estimate Totals Description Amount Totals Rate Cost Basis Cost per Unit Labor 7,670 0.206 /sqft Material 337,636 9.081 /sqft Subcontract 5,768,981 155.159 /sqft Equipment Other 6,114,287 6,114,287 164.447 /sqft Building Permits-By Owner LDevelopment Permits-By Owner L Review Fees-By Owner LImpact Fees-By Owner L 6,114,287 164.447 /sqft Builders Risk Insur-in GC's (22,480)L (0.605)/sqft Builders Risk Insurance 23,530 3.168 $/1,000 T 0.633 /sqftP&P Bond -%-In GC's (55,460)L (1.492)/sqft Performance & Payment Bond-%55,460 B 1.492 /sqftSub Bonds 100,957 1.750 %C 2.715 /sqft 102,007 6,216,294 167.190 /sqft CM/GC Contingency 177,856 2.861 %T 4.784 /sqftDesign Contingency 248,652 4.000 %T 6.688 /sqft 426,508 6,642,802 178.661 /sqft General Conditions 531,221 L 14.287 /sqft TPC Overhead and Profit 215,221 L 5.788 /sqftPreconstruction Fee 38,000 L 1.022 /sqft 784,442 7,427,244 199.759 /sqft Total 7,427,244 199.759 /sqft Attachment number 1Page 22 of 22 TPB HEERY 999 Peachtree Street Atlanta, Georgia 30309 Phone (404) 881-9880 Fax (404) 892-7582 Preliminary Total Project Budget Project: New RCSO Building at 4th and Walton Way Date: 10-Feb-10 SF:39,975 1. This budget is based on construction dates as follows: Construction Contract Award Date: 01-Aug-10 Final Completion Date: 01-Aug-11 Construction Duration (Days): 365 2. Escalation Rates: Annual Rate 3.0% Mid-Point of Construction: 01-Mar-11 Current Date 10-Feb-10 Years to Mid-Point 1.05 Escalation Rate (Current to Mid-Point) 3.2% 3. Budget for Construction Contract Award Price (CCAP): CCAP 7,195,500 180.00$ Escalation 3.2% 227,102 Total CCAP $7,422,602 A/E Designs to this value 185.68$ SF 4. Construction Phase Contingency Percent of Item 3 5% $ 371,130 5.Total Project Construction Budget $ 7,793,732 (Line 3, plus Line 4) 6. Allowances for Equipment and Furnishings: A. Food Service Equipment $ B. Security Equipment 2.501563477 $ 100,000 C. Audio-Visual Equipment 1.250781739 $ 50,000 D. Telephone/Communications Equipment 2.501563477 $ 100,000 E. Recreation Equipment $ F. Waste Disposal Equipment $ G. Signage (Interior & Exterior) 0.14 $ 5,597 H. Furniture 12.00$ $ 430,150 $/sf I. Computers -$ $ 200,000 $/sf J. Copy Machine $ K. Artwork $ L. Other $ M. Furnishings Parking Subtotal $ 885,747 O. Contingency (Items A-M above) 5% $ 44,287 Total Allowances for Equipment and Furnishings $ 930,034 7.Project Construction Equipment & Furnishings $ 8,723,766 Budget (Line 5, plus Line 6) 8.Professional Fees: Insert % A.Architectural and Engineering Services 8.00%$593,808 Cacluation based on Total CCAP B.Programming $25,000 C.Food Service $ D.Local Design Consultants $ E.Graphic Design $ F.Program Management 3.0%$233,812 G.Commissioning $40,000 H.Audio Visual Design $ I.Security Systems $ J.Telephone/Communications Systems $25,000 K.Surveys, Tests, Borings, Reports 1.5%$111,339 $ Subtotal Professional Fees $1,028,959 Page 1 of 2 Attachment number 2Page 1 of 2 TPB HEERY 999 Peachtree Street Atlanta, Georgia 30309 Phone (404) 881-9880 Fax (404) 892-7582 Preliminary Total Project Budget Project: New RCSO Building at 4th and Walton Way Date: 10-Feb-10 Reimbursable Expenses Insert values or use % L.Travel & Living $5,000 Telephone $1,000 Reproduction $20,000 Models & Renderings $5,000 Photography $ Postage/Air Freight $500 Staff Relocation $ Field Office $ CADD Expense (Plotting)$ Other $ Subtotal Expenses 0%$31,500 Subtotal Professional Fees and Expenses $1,060,459 M. Contingency (Items A-L above)5.0%$53,023 $1,113,482 9.Project Design, Construction, Equipment & Furnishings Budget (Total of Lines 7 and 8)$ 9,837,248 10. Allowances for non-design and construction items: A. Accounting Costs $ B. Construction Financing $ 500,000 C. Development Fees $ D. Feasibility Studies $ E. Land Acquisitions $ 0 F. Legal Fees $ 15,000 G. Owner's Travel $ H. Long Term Financing Fees $ I. Relocation Costs $ J. Other $ K.$ L.$ M.$ Subtotal $ 515,000 Contingency (Items A-L above) 3.0% $ 15,450 11. Total Non-Design and Construction Allowances $ 530,450 12.Project Design, Construction, Equipment, Furnishings $ 10,367,698 and Related Allowances Budget (Total of 9 + 11) 13. Owner's Contingency 3.0% $ 311,031 Total Project Budget (Total of Items 12 & 13)$ 10,678,729 Total Project Budget Cost/SF $ 267.14 Page 2 of 2 Attachment number 2Page 2 of 2 Engineering Services Committee Meeting 12/13/2010 1:10 PM Traffic Signal Department:Clerk of Commission Caption:Discuss traffic signal at Jimmie Dyess Parkway and Franklin Avenue. (Requested by Commissioner Grantham) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo